Disposed

M/S Ganga Trading Company v. the Union of India and Ors.

Patna HC16 Aug 2012CWJC/7805/2012

Case brief

AI extract

What is this about?

The High Court permitted the petitioner to secure release of seized betel nuts by furnishing a bank guarantee. The court directed respondents to consider similar judgments for determining the guarantee amount and ordered release within two weeks.

What did the court decide?

The seized betel nuts shall be released to the petitioner within two weeks upon furnishing a bank guarantee and completing necessary formalities.

M/S Ganga Trading Company Vs the Union of India and Ors. — Property and Title | Patna HC (2012)

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Patna High Court CWJC No.7805 of 2012 (4) dt.16-08-2012

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.7805 of 2012

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======================================================

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M/S Ganga Trading Company, Through Its Proprietor Abdul Naeem Son Of Abdul Safeek Resident Of Mohuri Para, P.S. Jalpaiguri, District Jalpaiguri, West Bengal

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.... .... Petitioner/s Versus

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The Union Of India , Through Additional Director General, Directorate Of Revenue Intelligence, Zonal Unit, Lucknow (Uttar Pradesh) 2. The Additional Director, Directorate Of Revenue Intelligence, Patna Refgional Unit, Patna (Bihar)

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The Intelligence Officer Cum Seizing Officer, Directorate Of Revenue Intelligence , Sub Regional Unit, Muzaffarpur, Bihar

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.... .... Respondent/s ====================================================== Appearance :

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For the Petitioner/s : Mr. Prabhat Ranjan For the Respondent/s : Mr. Devendra Kumar

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====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

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4 16-08-2012 Learned counsel for the petitioner is permitted to add the Commissioner of Customs (Prev.), Patna as party respondent no.4 in this writ application in course of the day.

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Learned counsels for the parties agree that the seized betel buts may be released to the petitioner provisionally, after due verification of ownership, subject to his furnishing bank guarantee and subject to final decision by the respondents in the matter, which is said to be pending at the investigation stage itself.

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Writ application is accordingly disposed of in the manner as agreed by learned counsel for the parties noticed above. While considering release of the betel nuts in terms of this order,

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Patna High Court CWJC No.7805 of 2012 (4) dt.16-08-2012

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respondents may consider the orders passed by this Court in similar matters in C.W.J.C.No. 21849 of 2011 and another analogous case and C.W.J.C.No.9145 of 2012, as contained in Annexure-7 series, for the purpose of fixing bank guarantee. The seized betel nuts shall be released to the petitioner on terms as noticed above within a period of two weeks from the date of receipt/production of a copy of this order, after completing necessary formalities.

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(Jayanandan Singh, J)

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Pradeep/-

M/S Ganga Trading Company v. the Union of India and Ors.

Case brief

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M/S Ganga Trading Company v. the Union of India and Ors.

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