Gauhati High Court
M/S Manik Trade Co vs The Union Of India And 5 Ors on 6 December, 2021
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GAHC010204572021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6439/2021
M/S MANIK TRADE CO.
REP. BY ITS PROPRIETOR SRI MANIK MALAKAR, S/O. SAUDAM
MALAKAR, 85, KAMALA NAGAR PART-I, KAMALA NAGAR, LAWNGTLAI
MIZORAM-796772, MIZORAM.
VERSUS
THE UNION OF INDIA AND 5 ORS
REP. BY THE SECRETARY TO THE DEPTT. OF REVENUE, CENTRAL BOARD
OF EXCISE AND CUSTOMS, MINISTRY OF FINANCE, GOVT. OF INDIA, NEW
DELHI-110008.
2:THE COMMISSIONER OF CUSTOMS PREVENTIVE 110 MAHATMA
GANDHI ROAD
NER SHILLONG 793001
MEGHALAYA.
3:THE ADDL. COMMISSIONER OF CUSTOMS PREVENTIVE 110 MAHATMA
GANDHI ROAD
NER SHILLONG 793001
MEGHALAYA.
4:THE DEPUTY COMMISSIONER OF CUSTOMS PREVENTIVE DIVISION
GUWAHATI 13
NILMONI PHUKAN PATH SREE NAGAR
GUWAHATI-781006
ASSAM.
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5:THE SUPERINTENDENT PREVENTIVE
CUSTOMS PREVENTIVE DIVISION GUWAHATI 13
NILMONI PHUKAN PATH SREE NAGAR GUWAHATI
ASSAM-781006.
6:THE ADDL. DIRECTOR GENERAL DRI
GUWAHATI ZONAL UNIT CHRISTAN BASTI
GUWAHATI-781006
ASSAM
Advocate for the Petitioner : MS S S ZIA
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
06/12/2021
Heard Ms. S S Zia, learned counsel for the petitioner and Mr. S C Keyal, learned
Standing counsel, Central Excise and Customs (DRI) for the respondent Nos. 1 to 6.
It is submitted that on 21.08.2019, the Police Personnel from Jalukbari Police Station
apprehended 25 nos. of truck carrying Areca Nuts from Cachar while moving towards West
Bengal without proper documents that includes 3 trucks of the petitioner. The owners of such
trucks earlier preferred WP(C) Nos. 6762/2019, 6766/2019, 7081/2019, 7082/2019,
7085/2019, 7086/2019, 7088/2019, 7089/2019, 7091/2019, 7092/2019, 7094/2019,
7095/2019, 7096/2019, 7098/2019 and 7443/2019 alleging that Police have acted without
jurisdiction by usurping the role and jurisdiction of other law enforcing agencies including the
present petitioner who has preferred WP(C) No. 7083/2019. Those writ petitions were
disposed of by the Court by a common judgment and order dated 25.10.2019 holding that
the initial seizure of Areca Nuts and the trucks by the Assam Police cannot be said to be
without authority. Against the said common judgment and order dated 25.10.2019, the
petitioner of WP(C) No. 6762/2019 preferred an appeal being Writ Appeal No. 296/2019
which was disposed of on 25.11.2019 by a Division Bench of this Court modifying the said
common judgment and order dated 25.10.2021.
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Thereafter, the DRI authorities took over the charge of investigation of the said case
from the Jalukbari Police Station and made the seizure of 6,55,320 kgs. of Areca Nut valued
at Rs.18,34,89,600/- at the rate of Rs.280 per kg. and those 25 trucks vide Seizure Case No.
18/CL/IMP/ARECA NUTS/DRI/ GZU/2019-20 dated 01.12.2019. Challenging the said Seizure
Memo dated 01.12.2019 of the respondents DRI, the petitioner has preferred this writ
petition.
Mr. S C Keyal, learned Standing counsel, Central Excise and Customs from the
Annexure-9, communication dated 02.12.2020 informing one Nilesh Singh, Advocate of
Gorakhpur placed before the Court that the entire Areca Nuts that were seized on 01.12.2019
in those 25 trucks have already been destroyed.
Issue notice, returnable by 24.01.2022.
As Mr. S C Keyal, learned Standing counsel, Central Excise and Customs has accepted
notice on behalf of the respondent Nos. 1 to 6, no formal notice need to be issued to those
respondents.
Petitioner shall serve requisite extra copies of this writ petition along with the
Annexures appended thereto to Mr. S C Keyal, learned Standing counsel, Central Excise and
Customs on or before 08.12.2021, obtaining necessary acknowledgment from him in that
regard.
List this matter along with WP(C) No. 3970/2021.
JUDGE
Comparing Assistant
