2019 (1) TMI 1633

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....Kumar Agarwal, learned Advocate. 2. This writ application has been preferred Patna High Court CWJC No.7589 of 2018 dt.24-01-2019 for quashing of the order dated 30.03.2018 contained in Memo No. 900 dated 30.03.2018 passed by the Deputy Commissioner, Land Customs Station, Jobgani, Araria, Bihar (respondent no. 3) by which he has rejected the representation dated 03.02.2018 filed by the petitioner and refused to release the Betel Nuts. The petitioner has also prayed for quashing of the seizure report dated 30.03.2018 and the test report of Arecanut Research and Development Foundation (in short 'ARDF'), Mangalore on 23.02.2018 on the basis of which the consignment of the petitioner is said to have been put under seizure alleging that ....

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....s also pointed out from Annexure-P/12 to the writ application Patna High Court CWJC No.7589 of 2018 dt.24-01-2019 that on an application under the Right to Information Act (in short the "RTI") when the Directorate of Arecanut & Spices Development, Government of India was called upon to inform as to, whether a 'Betel Nut' is indigenously grown or is of foreign origin (for example from Burma/Myanmar from Indonesia) can be determined by means of any laboratory test, answer supplied by the Government says "No laboratory test have been standardized for tracing the country of origin". 6. From the materials available on the record in the form of certificate of origin for exports free of customs duties under the treaty of trade between the....

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....fied in seizing the Betel Nuts imported from Nepal having Patna High Court CWJC No.7589 of 2018 dt.24-01-2019 certificate of country of origin as Nepal. 9. It is submitted that after this specific adjudication by the learned coordinate Bench of this court in MJC No. 2185/2013 at the instance of the Union of India, seizure of Betel Nuts taking into consideration the report of ADRF Mangalore alone would be unjust, improper and in the teeth of the judgment of the learned coordinate Bench. A copy of the said judgment is available at Annexure-P/21 of the writ application. 10. It is also informed that said order present at Annexure-P/21 was challenged before the Hon'ble Supreme Court in Special Leave to Appeal (Civil) No. CC7331/2014, which....

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.... opinion that once the Patna High Court CWJC No.7589 of 2018 dt.24-01-2019 learned coordinate Bench of this court has held that in absence of there being any material to show that M/s Arecanut Research & Development Foundation, Mangalore is an accredited laboratory by competent authority under the Act and Rules, it's report cannot have a consequence of fastening of any legal liability and 'No legal liability can flow from the report of such an institution' the respondent authorities were not justified in again relying upon the ADRF Mangalore's report to justify the seizure in question. In fact such an attempt of the respondent authorities would be contemptuous in nature as it is likely to cause harassment to the traders, by ....