2018 (11) TMI 687

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

...., 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 under Sections 7, 11 and 51 of the Custom....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e 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 notice being issued the authorities of the Central....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 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. The Collector (Respondent No. 2) in his counter-....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t 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 the case, warning the authorities to be careful in fut....