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2026 Supreme(Online)(Pat) 12356

PATNA HIGH COURT
Bagra and Sons
CWJC-1529/2026



IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1529 of 2026 ======================================================

Bagra and Sons having its Principal place of business at Vijay Nagar, Dakhala Road, District Kamrup, Assam through its Proprietor Amit Kumar Jain, aged about 40 years, Male, son of Sri Pradeep Kumar Jain, resident of Vijoy Nagar, P.S.- Vijoy Nagar, District Kamrup, Assam.

... ... Petitioner/s Versus

1. The Union of India through Secretary, Ministry of Finance, Government of India, New Delhi.

2. The Chairman, Central Board of Excise and Customs, New Delhi.

3. The Chief Commissioner of Customs, Patna Preventive Circle, Central Revenue Building, Birchand Patel Path, Patna, Bihar.

4. The Commissioner, Customs (Preventive) HQRS, Patna, 5th Floor, Central Revenue Building, Birchand Patel Path, Patna, Bihar.

5. The Additional/Joint Commissioner, Office of Commissioner of Customs (Preventive) HQRS, Patna, 5th Floor, Central Revenue Building, Birchand Patel Path, Patna, Bihar.

6. The Superintendent of Customs (Preventive) Headquarter, Office of Commissioner of Customs (Preventive) HQRS, Patna, 5th Floor, Central Revenue Building, Birchand Patel Path, Patna, Bihar.

7. The Inspector of Customs (Preventive) Headquarter Cum Seizing Officer, Office of Commissioner of Customs (Preventive) HQRS, Patna, 5th Floor, Central Revenue Building, Birchand Patel Path, Patna, Bihar.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr.Prabhat Ranjan, Advocate For the Respondent/s : Mr. Anshuman Singh, Sr. SC, Customs ======================================================

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2 13-03-2026 The present writ petition has been filed seeking the following reliefs:-

“1.(i) Commanding upon the Respondents to provisionally release the seized betel nuts weighing altogether 34,650 Kgs packed in 495 bags and seized vide Seizure Memo dated 16.10.2025 corresponding to Unit Case No. 11/2025-26 in terms of Section 110 (A) of the Customs Act, 1962; and/or (ii) Commanding upon the Respondents to dispose of the application for Provisional Release dated 11.12.2025, which has been filed under Section 110 (A) of the Customs Act, 1962 and is pending since then.”

2. At the outset, the learned counsel for the petitioner seeks a direction upon the Additional/Joint Commissioner, Office of the Commissioner of Customs (Preventive) Headquarters, Patna, Bihar i.e. the respondent No.5 to dispose off the application filed by the petitioner on 11.12.2025 for release of 495 bags of betel nuts in connection with Unit Case No. 11/2025-26, dated 16.10.2025 instituted by the Inspector (Preventive), Office of the Pr. Commissioner of Customs (Preventive), Patna.

3. Having regard to the limited prayer made by the Ld. Counsel for the petitioner, as aforesaid, we deem it fit and proper to direct the respondent no. 5 to dispose off the aforesaid application dated 11.02.2025, filed by the petitioner for release of 495 bags of betel nuts, by passing a reasoned and a speaking order, in accordance with law, within a period of six weeks from today, in case no final order has yet been passed on the said application.

4. The writ petition stands disposed off on the aforesaid terms.

S.Sb/-

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