• About Us
  • Privacy Policy
  • Terms of use
  • Contact Us
Thursday, March 4, 2021
Law Trend
  • google-play
  • apple-store
  • Login
  • Home
  • About Us
  • Trending Stories
  • Court Updates
  • Judgements
  • Law Trend - हिन्दी
  • Bare Acts and Rules
    • Central
    • State
  • Webinar
  • Columns
  • Online Internship
  • More
    • Humour
    • Submit Judgment/Order/Posts
    • Quotes
    • Legal Dictionary
    • Courts Weblink
No Result
View All Result
Law Trend
  • Home
  • About Us
  • Trending Stories
  • Court Updates
  • Judgements
  • Law Trend - हिन्दी
  • Bare Acts and Rules
    • Central
    • State
  • Webinar
  • Columns
  • Online Internship
  • More
    • Humour
    • Submit Judgment/Order/Posts
    • Quotes
    • Legal Dictionary
    • Courts Weblink
No Result
View All Result
Law Trend
No Result
View All Result

All HC: For Seizure Reason to Believe Must Be Based On Acceptable Material

by Law Trend
October 23, 2020
in Court Updates, Trending Stories
4 min read
custom duty
553
SHARES
1.6k
VIEWS
Share on FacebookShare on TwitterShare via WhatsappShare via EmailPinterest

A writ petition was filed challenging the seizure of goods and the vehicle by the Customs Department. 

It was further stated that the bank guarantee they were directed to furnish was bad in law.

Brief facts of the case:-

The petitioners had purchased 19884 Kgs of betel nuts from one Neelkam Saha. 

Neelkam Sahahad purchased the nuts in an E-Auction held by the Customs Department to supply them to Jagdamba Enterprises. 

Consignment of betel nuts was sent to consignee Jagdamba Enterprises through Truck No. DL01 GC-1731 owned by the petitioner no. 2.

 It was also mentioned that E-way invoices bills were sent along with the truck.

The truck was intercepted by the respondent no.3 when it reached Uttar Pradesh. 

The officers who intercepted the truck stated that they had received a tip that the truck was carrying ”Areca ‘Nuts’ of foreign origin.

Officers further alleged that because some of the bags had inscriptions in foreign languages, a prima facie case can be made out.

Proceedings before the Court:-

Learned counsel for the petitioners raised the following contentions before the Court:-

It was argued that as no bonafide ”reasons to believe” existed, the seizure of the goods was wholly arbitrary and illegal.

Further the goods that were being transported were of Indian origin and were also purchased in India.

Therefore, the respondents had no right to confiscate the goods without any proof.

It was also stated that the goods should be provisionally released by taking proper security or bonds from the owner. 

As the goods were perishable nature, they should be released to the petitioner.

Further the valuation of goods was not done as per law which caused hindrance to the case of the petitioner.

Learned counsel argued that as per letter dated 04.01.2018 issued by Department of Agriculture,
the origin of betel nut cannot be determined by the naked eye and even by laboratory tests.

Hence, the respondents had no reason to confiscate the consignment.

Contention of the Respondents

Counsel for the respondents argued that as there is an alternative remedy of appeal available against the provisional order of release, the instant petition should be dismissed.

For Seizure Reason to Believe Must Be Based On Acceptable Material:-

On the issue that the petitioners have alternate remedies available to them,
the Hon’ble Allahabad High Court opined that considering the perishable nature of the goods a lot of time would be wasted
if the petitioners were directed to approach a different Court that why the present Court should adjudicate the matter.

Allahabad High Court further observed that the ”reasons to believe” must be based upon acceptable materials, which have to be more than a moonshine.

However In the present case, the material suggests that the consignment was seized on the opinion of local dealers and because there were inscriptions in a foreign language on some bags.

A reference was also made to the opinion of ICAR that stated that the origin of ”Areca Nuts” cannot be determined by the naked eye. 

It was further observed that ”Areca Nuts” were neither notified nor prohibited goods.

Decision

After going through all the facts and evidence in the case, the Court directed the respondents to release the consignment and the vehicle to the petitioners.

The writ petition has been allowed.

Case Details:-

Title: Jaymatajee Enterprise And Another vs The Commissioner Of Customs (Preventive) And 2 Others 

Case No. WRIT TAX No. – 573 of 2020

Date of Order: 22.10.2020

Coram: Hon’ble Justice Shashi Kant Gupta and Hon’ble Justice Pankaj Bhatia

Read Judgment
Tags: Allahabad High Courtcustomhigh court orderslatest high courtseizure

Related Posts

Allahabad HC Drone View 2
Court Updates

Allahabad HC releases a rape convict after 20 years because the prosecutrix was not a stellar witness

March 3, 2021
cheque
Judgements

Proceedings u/s 138 of NI Act are quasi criminal in nature: SC

March 3, 2021
Bombay HC new 1
Court Updates

Husband Seeks Divorce on the Ground that Wife hid actual date of birth as he intended to marry “Manglik” Girl- HC Dismisses Plea

March 3, 2021

Advertisement

POPULAR NEWS

  • Justice Pushpa V Ganediwala lawtrend

    Bombay HC Judge who gave “Skin to Skin” POCSO Verdict loses Judgeship Confirmation

    5731 shares
    Share 2292 Tweet 1433
  • Where is the Provision of Using Advocate Sticker on Vehicle?

    5118 shares
    Share 2047 Tweet 1280
  • What is the tenure of protection granted under Anticipatory Bail? :SC 5 Judges

    4827 shares
    Share 1930 Tweet 1206
  • Air Asia Crashes Against Gaurav Taneja; Court Says Airline Suppressed Facts

    4700 shares
    Share 1880 Tweet 1175
  • Husband-Wife Take Oath as High Court Judge

    3270 shares
    Share 1308 Tweet 818
Law Trend

Rabhyaa Foundation has started this platform on values enshrined in the Preamble of the Constitution of India. The object of this platform is to create informed citizens with recent legal updates, Judgments, Legislations of Parliament and State Legislatures, and views of experts in the field of law, in plain and pointed language, for the intellectual development of citizens.
Our tag line “The Line of Law” guides that this......
Read More

Follow Us On Social Media

Subscribe to our News Letter

Sign Up for weekly newsletter to get the latest news, Updates and amazing offers delivered directly in to your inbox.

Categories

  • Trending Stories
  • Court Updates
  • Columns
  • Bare Acts and Rules
  • Online Internship
  • About Us
  • Privacy Policy
  • Terms of use
  • Contact Us

© 2020 Law Trends| All Right Reserved | Designed ByAaratechnologies Pvt Ltd

No Result
View All Result
  • Home
  • About Us
  • Trending Stories
  • Court Updates
  • Judgements
  • Law Trend – हिन्दी
  • Bare Acts and Rules
    • Central
    • State
      • Uttar Pradesh Acts
      • Uttar Pradesh Rules
      • Uttrakhand
      • DELHI
  • Webinar/Videos
  • Columns
  • Online Internship
  • More
    • Humour
    • Submit Judgment/Order/Posts
    • Quotes
    • Legal Dictionary
    • Courts Weblink
  • Android App
  • IOS APP

© 2020 Law Trends| All Right Reserved | Designed ByAaratechnologies Pvt Ltd

Welcome Back!

Login to your account below

Forgotten Password?

Create New Account!

Fill the forms bellow to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In