Patna High Court - Orders
The Union Of India & Ors vs Salsar Transport Company & Anr on 25 November, 2013
Bench: Chief Justice, Ashwani Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1186 of 2013
In
Miscellaneous Jurisdiction Case No.2185 of 2013
In
Civil Writ Jurisdiction Case No. 3784 of 2013
With
Interlocutory Application No.6765 of 2013
In
Letters Patent Appeal No.1186 of 2013
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1. The Union of India through the Chief Commissioner of Customs (P) Patna
Zone, 4th Floor, Central Revenue Building, Birchand Patel Path, Patna
2. The Commissioner of Customs (P), Patna Zone, 4 th Floor, Central Revenue
Building, Birchand Patel Path, Patna.
3. The Assistant Commissioner, Customs, Forbesganj Division, District-
Forbesganj, Bihar.
4. The Superintendent of Customs, Forbesganj Division, District- Forbesganj,
Bihar.
.... .... Respondents-Petitioners-Appellants
Versus
1. Salsar Transport Company through its Proprietor Ganesh Mishra S/O Late
Krishna Kumar Mishra Resident of Shiv Nagar, Unnaw, P.S- Unnaw,
District- Unnaw (U.P)
2. Yamuna Trading Company, situated at Matun Para, P.O- Dhupguri, P.S-
Dhupguri, District- Jalpaigiuri, West Bengal, through its Proprietor Rajesh
Singh S/O Sri J.S. Singh Resident of Matun Para Ward No. 10, P.S-
Dhupguri, District- Jalpaiguri, West Bengal.
.... .... Petitioners-Respondents-Respondents
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Appearance :
For the Appellants : Mrs. Nivedita Nirvikar, Sr. S.C.
Mrs. Archana Sinha, Jr. S.C.
Mr. Vikash Kumar Pankaj, Advocate
For the Respondents : Mr. Prabhat Ranjan, Advocate
2 Patna High Court LPA No.1186 of 2013 (4) dt.25-11-2013
2/3
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4. 25-11-2013This Appeal under Clause 10 of the Letters Patent has been preferred by the applicant Union of India against the order dated 24th July 2013 made by the learned single Judge in M.J.C. No.2185 of 2013 arising from the order dated 17th January 2013 made by the learned single Judge in C.W.J.C. No. 317 of 2012.
The matter at issue is the seizure of some 38920 Kg. of Bengal Fali Betel Nuts transported by the writ petitioners by two vehicles seized by the appellant Customs authorities. Under order dated 4th March 2013 made in C.W.J.C. No. 3784 of 2013, the learned single Judge directed the respondents to release the betel nuts and the vehicles. Since then, the respondent Union of India and the Customs authorities approached the learned single Judge in M.J.C. No. 2185 of 2013 for modification of the order dated 4th March 2013 on the premise that the betel nuts seized by the Customs authorities were adulterated; were not fit for human consumption and that such adulterated betel nuts cannot be released for consumption by the society in general. Reliance was placed on the report of the Central Food Laboratory Kolkata (Extension Centre, Raxaul), Bihar. According to the said report, the sample was adulterated by insect affected betel buts and damaged betel nuts.
The application was contested by the writ petitioners. According to the writ petitioners, the betel nuts were 3 Patna High Court LPA No.1186 of 2013 (4) dt.25-11-2013 3/3 being sent for processing at Kanpur and it was not meant for human consumption until processed. The learned single Judge has, under the impugned order dated 24th July 2013, dismissed the application for modification. Therefore, this Appeal.
Learned advocate Mrs. Nivedita Nirvikar has appeared for the appellant Union of India. She has strenuously urged that the food articles which are not safe for human consumption should not be allowed to be sold in the market. In support thereof she has relied upon the judgment of the Hon'ble Supreme Court in the matter of Pyarali K. Tejani v. Mahadeo Ramchandra Dange & Others, (AIR 1974 SC 228). She has also relied upon the Instruction dated 15th June 2001 issued by the Government of India, Ministry of Finance, Department of Revenue in respect of the clearance of the food articles, drawing and testing of samples to the effect that pursuant to the Notification issued by the Director General of Foreign Trade, the Customs should, inter alia, follow certain norms mentioned in the said Circular and to ensure that the food items meet specifications.
The learned single Judge has considered the application and has dealt with the contentions raised by the Union of India and has refused to modify the order.
We are in agreement with the learned single Judge. The Appeal is devoid of any merit. Appeal is dismissed in limine.
Interlocutory Application stands disposed of.
(R.M. Doshit, CJ) (Ashwani Kumar Singh, J) Pawan/-