1966 (9) TMI 42

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....ant in support of this revision. It appears to me that the order passed by the Magistrate releasing truck No. 2220 USN in favour of the opposite party Safdar Ali Khan on his furnishing two sureties of the amount of Rs. 20,000/- each was without jurisdiction. There was no case pending inquiry or trial before him nor was there any charge against the opposite party in respect of which investigation w....

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....Customs Act (Act 52 of l962). That section enacts that any conveyance used as a means of transport in the smuggling of goods or in the carriage of any smuggled goods, shall be liable to be confiscated unless the owner of the conveyance proves that it was so used without his knowledge or connivance. Under Rule 203 framed under the Central Excise Act an officer-in-charge of a police station is empow....

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....ined an order from him for the release of the truck. The order thus obtained is wholly illegal and cannot be allowed to stand. The matter was brought up in revision before the Sessions Judge who upheld the order of the Magistrate on the ground that the excise authorities had not taken steps to pass proper orders despite time having been granted to them to do so. However, the order passed by the Ma....