1992 (10) TMI 106

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....le earnings during the last 21 years, the period during which the truck was seized and kept in possession of the respondents. 2.The petitioner is the owner of truck bearing registration No. MHT-2304. The truck was seized by the Superintendent of Customs, Vapi on 1-2-1969 under reasonable belief that the same was used for transportation of smuggled silver ingots. After recording the statement of the driver and the cleaner of the truck and after recording the statement of other persons including that of the petitioner, adjudication proceedings took place pursuant to the show cause notice dated January 20, 1970 issued by the Assistant Collector of Customs. The show cause notice was adjudicated by the Collector of Customs and Central Excise,....

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....nded to the petitioner. After the judgment of CEGAT the petitioner approached the appropriate authority of the department for return of the truck. Since he had not received any satisfactory reply he has filed this petition on February 24, 1990 for the prayers indicated hereinabove. 4.In response to the notice served upon the other side, affidavit-in-reply dated December 10, 1990 is filed. It is inter alia contended that the petition involved disputed questions of fact, and the petition is not maintainable. Various other contentions of law and facts have also been raised in the affidavit-in-reply. 5.Today when the petition came up for hearing, learned counsel for the petitioner has conceded that the petitioner does not press the relief....