INDIRA BANERJEE,J. - (1.) This writ petition has been filed seeking orders on the respondents to release about 50 wrist-watches seized by the Customs Authorities from the petitioner along with the passport of the petitioner.
(2.) The petitioner is apparently a permanent citizen of India who holds an Indian passport bearing the number J1876917 which was issued at Kolkata on July 13, 2009. According to the petitioner, on his return to Kolkata from Hong Kong via Dhaka by a Bangladesh Biman Flight No. BG 091 on October 22, 2011, he was intercepted at the Netaji Subash Chandra Bose International Airport by Customs Officers of the Air Intelligence Unit.
(3.) According to the petitioner, the petitioner was intercepted before he declared his baggage at green/red channel at the arrival hall of Airport. According to the respondents, he was intercepted after he walked out of the green channel. Factual disputes as to the exact point of time at which the petitioner was intercepted cannot unfortunately be decided upon affidavits in proceedings under Article 226 of the Constitution of India.;