Gauhati High Court
Rintu Bastian vs The Commissioner Of Customs on 14 May, 2025
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GAHC010091322025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2480/2025
RINTU BASTIAN
(PROP. OF M/S MADONA AGENCIES),
FLAT NO-506BE6, EDEN BLOCK, PALM GROVE ENCLAVE, JURIPAR PATH,
PANJABARI ROAD, GUWAHATI-22, ASSAM
VERSUS
THE COMMISSIONER OF CUSTOMS
N.E REGION, SHILLONG CUSTOM HOUSE, 110-MG ROAD, SHILLONG,
EAST KHASI HILLS, MEGHALAYA, PIN-793001
2:ADDL. COMMISSIONER OF CUSTOMS
N.E REGION
SHILLONG CUSTOM HOUSE
110-MG ROAD
SHILLONG
EAST KHASI HILLS
MEGHALAYA
PIN-793001
3:THE DEPUTY COMMISSIONER OF CUSTOMS
GUWAHATI DIVISION
GUWAHATI
CUSTOM HOUSE (2ND FLOOR)
NILOMONI PHUKAN PATH
CHRISTIAN BASTI
G.S ROAD
GUWAHATI-05
ASSAM
4:THE ASSTT/DEPUTY COMMISSIONER OF CUSTOMS
N.E REGION
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SHILLONG CUSTOM HOUSE
110-MG ROAD
SHILLONG
EAST KHASI HILLS
MEGHALAYA
PIN-793001
5:THE ASSISTANT COMMISSIONER OF CUSTOMS
GUWAHATI CUSTOMS DIVISION
GUWAHATI
CUSTOM HOUSE (2ND FLOOR)
NILOMANI PHUKAN PATH
CHRISTIAN BASTI
G.S ROAD
GUWAHATI-05
ASSAM
6:THE SUPERINTENDENT (DISPOSAL)
OFFICE OF THE ASSISTANT COMMISSIONER OF CUSTOMS
GUWAHATI CUSTOMS DIVISION
GUWAHATI
CUSTOM HOUSE (2ND FLOOR)
NILOMONI PHUKAN PATH
CHRISTIAN BASTI
G.S ROAD
GUWAHATI-05
ASSA
Advocate for the Petitioner : MS M GOGOI, MR. D SAHU,MR. R S MISHRA
Advocate for the Respondent : SC, CUSTOMS,
BEFORE
HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
14-05-2025
1. Heard Mr. R.S.Mishra, learned counsel for the petitioner and Mr. S.C.Keyal, learned Standing counsel, Customs Department for the respondents.
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2. The grievance of the petitioner is that natural raw rubber weighing 2,840.870 kgs. valuing Rs. 5,68,174/-, seizure of which was held to be illegal by the competent authority are not being returned to the petitioner, rather he has been offered only auction money amounting to Rs. 1,55,000/- instead of market value certified by the Rubber Board.
3. Issue notice, returnable after 4 (four) weeks.
4. As Mr. Keyal, learned Standing counsel, Customs Department accepts notices on behalf of all the respondents, no formal notice need to be issued to the aforesaid respondents.
5. Extra copies of this writ petition in requisite numbers be served upon the learned Standing counsel for the respondents.
6. Mr. Keyal, learned Standing counsel, Customs Department has raised a point of maintainability, which shall be considered at the stage of its admission.
JUDGE Comparing Assistant