Case Law Details
Mohd Azam Vs State of U.P. and Another (Allahabad High Court)
The case of Mohd Azam vs State of U.P. and Another, heard by the Allahabad High Court, revolves around the seizure of goods and the subsequent challenges faced by a petty unregistered dealer in appealing against the order.
The petitioner, Mohd Azam, sought the quashing of a seizure order dated June 1, 2022. At the core of the dispute is the seizure of goods belonging to the petitioner, who is a petty unregistered dealer. The petitioner complied with the demand and obtained provisional release of the seized goods. However, he faced significant difficulties in filing an appeal due to not having a user ID and password, essential for accessing the digital filing system.
State’s Position
Sri Ankur Agarwal, the learned counsel representing the State, stated that the seizure proceedings had concluded on June 1, 2022. The petitioner had paid the demanded amount and secured the provisional release of his goods. For any further relief, the petitioner was advised to pursue an appeal.
Petitioner’s Dilemma
The petitioner’s counsel argued that despite complying with the seizure order, the petitioner was unable to file an appeal because he had not been issued a user ID and password. As a petty unregistered dealer, this technical barrier effectively prevented him from accessing the necessary administrative channels to seek further relief.
State’s Assurance
In response to the petitioner’s difficulty, the State’s standing counsel assured the court that the petitioner would receive the required user ID and password at his registered address within a week. This would enable the petitioner to file an appeal against the seizure order.
Procedural Fairness
The Allahabad High Court recognized the unique circumstances of the petitioner, noting his status as a petty unregistered dealer. The court acknowledged that the lack of access to a user ID and password presented a significant barrier to justice for the petitioner. The court emphasized the importance of procedural fairness and access to justice, especially for individuals facing administrative and technical challenges.
Directive for Relief
Considering the peculiar facts of the case, the court directed that if the petitioner files an appropriate appeal against the order dated June 1, 2022, within four weeks of receiving his user ID and password, the appeal should be entertained on its merits. This directive ensures that the petitioner is not unduly penalized for administrative delays and technical issues beyond his control.
Given the assurances provided by the State and the directives issued, the court disposed of the petition at this stage.
FULL TEXT OF THE JUDGMENT/ORDER OF ALLAHABAD HIGH COURT
Petitioner is seeking quashing of the seizure order dated 01.06.2022.
At the outset, Sri Ankur Agarwal, learned counsel appearing for the State submits that the proceedings of seizure have come to a close on 01.06.2022 itself. The petitioner has deposited the money demanded and obtained provisional release of goods. For any further relief that the petitioner seeks, remedy of appeal is available to him.
In that regard, learned counsel for the petitioner cites difficulty. He states the petitioner is a petty unregistered dealer and that user ID and password has not been issued to him. Thus, he has been disabled from filing appeal.
On such statement made, learned Standing Counsel appearing for the State submits, if such user ID and password have not been made available to the petitioner, the same would be communicated to the petitioner at his address disclosed in this petition within a week.
Subject to above, if the petitioner files appropriate appeal against the order dated 01.06.2022 within four weeks from today, the same may be entertained on merits. The present direction has been issued in the peculiar facts of the present case, taking into account the fact that the petitioner is a petty unregistered dealer.
The present petition is disposed of, at this stage.