Bishal Roadways Vs Union of India (Patna High Court)
Patna High Court held that since the investigation is going on and is in a nascent stage, any interference in the seizure proceedings would have the effect of hampering and stifling proper investigation and adjudication. Accordingly, writ disposed off.
Facts- The present writ petition has been primarily filed for release of the seized goods and the truck, though the action of the respondent Custom authorities in initiating the seizure vide Muzaffarpur Unit Case No. 19/2019-20 dated 25.01.2020 has also been challenged. Notably, the respondent Custom authorities have seized 304 bags, containing 20,520.00 kgs. of betel nuts as also the truck in question.
Conclusion- Held that since the investigation is going on and is in a nascent stage, any interference in the seizure proceedings would have the effect of hampering and stifling proper investigation and adjudication. The investigation cannot be nipped in the bud and be prevented simply on the basis of certain technicalities. The Customs Act provides unfettered power to investigate where there are reasons to believe that there has been infraction of the provision of the Customs Act.
Held that since the material on record prima facie indicates suspicious and dubious transaction as also a serious challenge has been made by the respondents with regard to the maintainability of the present writ petition, it would be proper not to delve on the merits of the case since the same may cause prejudice to the owners of the goods/vehicle, hence I deem it fit and proper to grant liberty to the petitioners to raise all the issues raised herein, in the present writ petition, before the respondent Custom authorities at an appropriate stage and accordingly, direct the respondent Custom authorities to consider the same in accordance with law, as and when raised, and pass appropriate orders expeditiously.
