Patna High Court
Om Prakash Mishra vs The Union Of India on 14 February, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Sunil Dutta Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5342 of 2024
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Om Prakash Mishra, S/o Late Ram Davan Mishra, Resident of Village -
Nawada, Pandey Tola, Ward No. - 4, P.S. - Kotwa, District - East Champaran.
... ... Petitioner.
Versus
1. The Union of India through the Principal Chief Commissioner of Custom,
4th Floor, C.R. Building, Birchand Patel Path, Patna, Bihar.
2. The Principal Chief Commissioner of Customs, 4th floor, C.R. Building,
Birchand Patel Path, Patna, Bihar - 800001.
3. The Commissioner of Custom (Preventive), 2nd floor, C.R. Building,
Birchand Patel Path, Patna, Bihar- 800001.
4. The Additional Commissioner of Custom (Preventive), C.R. Building,
Birchand Patel Path, Patna, Bihar - 800001.
5. The Deputy/Assistant Commissioner (RRA) custom (Hqrs), C.R. Building,
Birchand Patel Path, Patna, Bihar - 800001.
6. The Deputy Commissioner, Custom (Preventive) Division, Belbanwa,
Motihari, East Champaran.
7. The Superintendent, Custom (Preventive) Custom Division, Belbanwa,
Motihari, East Champaran.
8. The Superintendent, (Adjudication), Custom (Preventive) Division,
Motihari.
9. The Superintendent (Recovery of Dues), Custom (Preventive) Division,
Motihari.
10. The Godown In-Charge, Custom (Preventive) Division, Belbanwa, Motihari,
East Champaran.
... ... Respondents.
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Appearance :
For the Petitioner : Mr. Dhurendra Kumar, Advocate.
Mr. Sumit Kumar, Advocate.
Mr. Sudhanshu Kumar, Advocate.
For the Respondents-UOI: Dr. Krishna Nandan Singh, ASG.
Mr. Anshuman Singh, Sr. SC, Customs.
Mr. Shivaditya Dhari Sinha, Advocate.
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 14-02-2025
In the instant writ petition, petitioner has prayed for the
following relief(s):
Patna High Court CWJC No.5342 of 2024 dt.14-02-2025
2/3
"i. For issuance of an appropriate writ(s),
order(s), direction(s) for quashing the
order dated 17.05.2023 passed by
Deputy Commissioner, Custom
(Preventive) Division, Motihari, East
Champaran (Respondent No.-6) in
Case No.-VIII (10) 219/ PREV/
CUS/MTH/22-23/4726 by which
personnel penalty of Rs.5000/- has
been imposed upon the petitioner
under the provision of Section 114 of
Custom Act, 1962 and also imposed
penalty of Rs.2000/- under the
provision of Section 117 of Custom
Act, 1962 for not honouring the
summon issued by the department.
ii. For quashing the subsequent letter
MISC/ARC/MTH/2022-23/354 dated
05.02.24
issued under the signature of
Superintendent (Recovery of Dues)
Custom (Preventive) Division,
Motihari by which the petitioner was
directed to deposit the personal penalty
of Rs.7000/- failing which recovery
will be made from his movable/
immovable property under Section 142
of Custom Act.
iii. And for any other appropriate relief(s)
for which petitioner is found to be
entitled in the facts and circumstances
Patna High Court CWJC No.5342 of 2024 dt.14-02-2025
of this case."
2. Unnecessarily, petitioner has been implicated in the
subject matter of offences under Customs Act with reference to
the petitioner's vehicle bearing Registration No.BR-05D-9760
instead of BR-05D-9706. This has been rectified as is evident
from Annexure-H to the supplementary counter affidavit filed
on behalf of the respondents.
3. Petitioner has been unnecessarily implicated and
compelled him to file litigation and has undergone mental
agony. Resultantly, petitioner is entitled to compensation,
litigation cost and it is quantified at Rs.15000/-(Rupees Fifteen
Thousand). Cost shall be paid by the respondents to the
petitioner within a period of eight weeks from today.
4. With the above observations, instant writ petition
stands disposed of.
(P. B. Bajanthri, J)
( Sunil Dutta Mishra, J)
P.S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.02.2025.
Transmission Date NA
