Disposed

Manoj Kumar Singh v. The Union Of India and Ors.

Patna HC7 Sept 2012CWJC/16486/2012

Case brief

AI extract

What is this about?

The Court declined an immediate order for provisional release of a seized vehicle loaded with jack fruit, as the proceeding was recent. The petitioner was granted liberty to approach the Commissioner under Section 110A of the Customs Act for provisional release.

What did the court decide?

Liberty granted to file an application under Section 110A of the Customs Act for provisional release of the vehicle.

Manoj Kumar Singh Vs The Union Of India and Ors. — Customs and Excise | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16486 of 2012

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====================================================== Manoj Kumar Singh, son of Janak Singh, Resident of Village-Gannipur Bhanpur, P.S.-Baligaon, District-Vaishali. .... .... Petitioner/s Versus 1. The Union of India through the Commissioner, Custom, Muzaffarpur Division, Bihar, Patna. 2. The Superintendent of Custom (P), Circle Sitamarhi, District-Sitamarhi. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhananjay Kumar, Adv. and Mr.Sunil Prasad, Adv. For the Respondent/s : Mrs.Nivedita Nirvikar, Adv. and Mrs. Archana Sinha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

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3 07-09-2012 It appears that the pick-up van bearing Reg. No.BR-06 GA-2518 of the petitioner loaded with jack fruit was intercepted on 03.06.2012 on the Indo-Nepal border within the jurisdiction of Bhitta More Police Station and was seized as it appeared that an attempt was being made to export the same to Nepal.

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From Annexure-4 it appears that the proceeding no. VIII (10) 19/CUS/SEIZ/SMI/11-12/306 has been initiated and notices were issued to the petitioner under Section 108 of the Customs Act for appearance on 03.08.2012.

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Learned counsel for the petitioner submits that the petitioner has appeared and has produced all the documents. However, he submits that the proceeding is continuing and has

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Patna High Court CWJC No.16486 of 2012 (3) dt.07-09-2012

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not been disposed of till today. He also submits that jack fruit has been sold by the respondents and the amount has been deposited awaiting final decision of the proceeding. Hence, prayer is for release of the vehicle only on provisional basis subject to final decision in the matter.

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Since the vehicle of the petitioner has been seized only on 3.6.2012, this Court is not inclined to pass any order for its provisional release at this stage.

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Learned counsel for the respondents submits that the petitioner has a right to file an application under Section 110A before the Commissioner, Custom for provisional release of the vehicle pending the proceeding. She submits that the petitioner may avail that opportunity.

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Learned counsel for the petitioner agrees to it.

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Hence, petitioner is granted the liberty. If he files an application under the said provision, it is expected that the same shall be considered and disposed of on merits by the Commissioner immediately in accordance with law.

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Arvind/-

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(Jayanandan Singh, J)

Manoj Kumar Singh v. The Union Of India and Ors.

Case brief

What is this about?

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Manoj Kumar Singh v. The Union Of India and Ors.

Case brief

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