2015 (11) TMI 683

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....the learned single Judge in CWJC No.12197 of 2011. The matter at dispute is the seizure of consignment of betel nuts transported by the petitioner through the territory of Bihar. The said consignment while passing through the district of Araria was intercepted by the customs authorities on 2nd June 2011. After perusal of the documents produced by the driver, on a suspicion that the consignment of betel nuts transported by the petitioner was of third country origin brought in through Nepal, the consignment was seized by the customs authorities. A seizure memo and the Panchnama were drawn. Feeling aggrieved, the petitioner approached this Court under Article 226 of the Constitution in above CWJC No.12197 of 2011 to challenge the seizure....

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....he has relied upon the judgments of the Hon'ble Supreme Court in the matters of Assistant Collector of Central Excise, Chandan Nagar, West Bengal v. Dunlop India Ltd. and others, [AIR 1985 SC 330]; of State of Gujarat v. Mohanlal Jitamalji Porwal and another [AIR 1987 SC 1321]; of Bhana Khalpa Bhai Patel v. Assistant Collector of Customs, Bulsar, Gujarat and another [(1998) 1 SCC 222]; and of Kanhaiyalal v. Union of India [(2008) 4 SCC 668]. Appeal is contested by the learned advocate Mr. Prabhat Ranjan. He has relied upon the judgment of this Court in the matter of Angou Golmei v. The Union of India & Ors. [1994 (1) PLJR 800] and of the Hon'ble Supreme Court in the matter of Indian Nut Products and others v. Union of India and others [(....