Susanta Chatterji, J. - (1.) This present Rule is heard alongwith C.R. No. 503(W) of 1981. It appears that by order dated 20.7.89 Civil Rule No. 503 (W) of 1981 was discharged. However, upon mentioning, the learned lawyers of the respective parties were allowed to make their submissions on the merit of the case and practically order dated 20.7.89 was recalled and again both the matters have been heard on merit.
(2.) It appears from the present writ petition filed by Messrs. Goodwill Tea and Industries Limited that on 30th September, 1978, duty -paid green tea leaves in bulk wherein 6,000 Kgs. packed in 162 bags were loaded at the tea garden at Bhandiguri Tea Estate on a public carrier for transportation and delivery at Amritsar. The said bags of green tea leaves were seized by the Assistant Collector of Customs, North Bengal Division, Siliguri from public carrier being Truck No. USC 5345 which was reported to be carrying some articles alleged to have been smuggled and contraband in nature. Since the green tea leaves were perishable in nature, the petitioners had drawn the attention of the Assistant Collector of Customs, North Bengal Division at Siliguri and the Officer -in -Charge, Customs, Naxalbari Customs Preventive Department for the release of the said goods. The said Assistant Collector of Customs ordered provisionally for release of the goods on payment of security deposit of Rs. 10,000/ - and on an execution of bond in a proper form to enable the petitioners to take delivery of 162 bags of green tea leaves upon compliance of necessary formalities. The petitioners received a copy of the Charge -sheet dated 27th March, 1979 from the respondent no.4 the Assistant Collector of Customs (Preventive), Indo -Nepal Border at Patna and there to show cause as to why the seized green tea leaves alleged to have been used for concealing the contraband goods should not be confiscated under Sec. 119 and penalty to be imposed under Sec. 112/117 on the allegation as if the green tea leaves were used for the purpose of concealing the smuggled goods. The petitioners replied and subsequently they received a copy of an adjudication order bearing No. 38/Cus/80 dated 5th November, 1980 from the Additional Collector of Customs, Muzaffarpur. It is alleged that the notice to show cause dated 27th March, 1979 and the order dated November 5, 1980 so far as confiscation of green tea leaves is concerned are bad in law, unreasonable, perverse and/or made in excess of jurisdiction .
(3.) Stating all these facts in details, the petitioners have prayed for issuance of a writ of certiorari to queash the show cause notice dated 27th March, 1979 and the order dated 5th of November, 1980 on the ground that the order passed by the respondent no.3 so far as the petitioners are concerned, is not a speaking order and the said respondents" failed to apply their mind which would be corroborated from the fact that the most material factor that there was change of truck after the green tea leaves were loaded in respect of the tea gardens were not at all considered by the said respondents and if the said facts would have been considered by the said respondents, the order might not to have been made as such.;