2018 (11) TMI 687

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....sh Dhari Singh, AC to AG, S.D. Sanjay, Additional SG and Anshay Bahadur Mathur, CGC, for the Respondent. JUDGMENT [Judgment per : Rajendra Menon, CJ (Oral)]. - Seeking release of a vehicle (Mahindra Pick Up Van) seized by the authorities of Basopatti Police Station, District - Madhubani bearing Registration No. BR-07-GA 2976 in connection with Basopatti P.S. Case No. 152/17 for the offences ....

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....om the provisions of the Customs Act and the Foreign Trade (Development and Regulation) Act and under Section 414 of the Indian Penal Code. 3. It is further the case of the State Government and the police authorities that they found the vehicle to be crossing the border without valid document and, therefore, finding violation of the statutory provision the vehicle has been seized. On notic....

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....een exercised by the police authorities under the Customs Act and the Foreign Trade (Development and Regulation) Act, 1992 and admittedly the police authorities and the local Government does not have any power under law to either search, seize or confiscate the vehicle in question and it is only the statutory authorities functioning under the Customs Act who can take action in the matter. 6.&em....

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....annot be permitted under law, and therefore, we direct the Respondent Nos. 3 and 6 to immediately release the vehicle in question along with all the goods to the petitioner within 24 hours of production of a certified copy of this order. It is a fit case where compensatory cost should have been granted to the petitioner for the illegal act of the respondents but in the facts and circumstances of t....