1989 (12) TMI 332 - AT - VAT and Sales Tax

Unlawful Search & Seizure Ruled Invalid

The court found the search and seizure of goods to be invalid as it was based on suspicion without sufficient grounds to believe the goods were imported ... - Issues Involved:1. Propriety of search and seizure of goods.2. Jurisdiction and authority of the respondents.3. Obligation of cold storage owners under relevant Acts.4. Validity of penalty proceedings.5. Constitutional violations alleged by the applicants.Issue-Wise Detailed Analysis:1. Propriety of Search and Seizure of Goods:The applicants challenged the search and seizure of goods on the grounds that they were conducted purely on suspicion and without jurisdiction. The respondents contended that the search was based on information received and that they had good reasons to believe the goods were imported in violation of the law. The court noted that the respondents must have 'reasons to believe' that the goods were imported without valid permits before effecting seizure, and such reasons must pre-exist the seizure. The court found that the respondents acted on suspicion, which was reinforced by subsequent disclosures, but this did not validate the initial seizure.2. Jurisdiction and Authority of the Respondents:The respondents argued that they were authorized by law to effect seizure when they had reasons to believe that goods were imported in violation of the law. The court examined Section 14A of the Bengal Finance (Sales Tax) Act, 1941, and Section 7 of the West Bengal Sales Tax Act, 1954, which empower the Commissioner to search and seize goods if there is reason to believe they were transported in contravention of the law. The court concluded that the respondents did not have sufficient grounds to believe that the applicants had imported the goods, thus rendering the seizure invalid.3. Obligation of Cold Storage Owners Under Relevant Acts:The applicants argued that under the West Bengal Cold Storage (Licensing and Regulation) Act, 1966, they were not obligated to inquire whether hirers had valid permits for importing goods. The court agreed, stating that the Act does not require cold storage owners to verify the origin of goods stored by hirers. The court emphasized that the failure to produce evidence of compliance with sales tax laws by hirers cannot be used against the applicants, who have no obligation in that regard.4. Validity of Penalty Proceedings:The applicants contended that the penalty proceedings initiated by the respondents were without giving them a reasonable opportunity to be heard and without disclosing material reasons for the search and seizure. The court found that the respondents' actions were based on suspicion and were not supported by pre-existing reasons to believe that the applicants had imported the goods. Consequently, the penalty proceedings were deemed invalid.5. Constitutional Violations Alleged by the Applicants:The applicants alleged that the search and seizure violated Articles 14, 21, 265, 300A, 301, and 304 of the Constitution of India. The court did not explicitly address each constitutional violation but implied that the arbitrary and unauthorized actions of the respondents infringed upon the applicants' rights. The court's decision to quash the seizure and penalty proceedings indirectly upheld the applicants' constitutional claims.Conclusion:The court allowed the applications, declaring the search and seizure invalid and ordering the release of the goods. The interim order directing the release of the goods was made absolute, and the security furnished by the applicants was to be refunded. The court emphasized that the respondents acted on suspicion without sufficient grounds, and their actions were not justified under the relevant legal provisions.