R K ANGANGBI SINGH Vs. COMMISSIONER OF CUSTOMS (PREVENTIVE) NER AND OTHERS

JUDGEMENT

(1.) The petitioner seeks to maintain this writ petition under Article 226 of the Constitution of India against the Order-in-Original No.CCP/NER/10/2016 dated 18.04.2016, whereby the Commissioner of Customs (Preventive), North Eastern Region, Shillong has ordered absolute confiscation of the articles in question i.e., gold biscuits weighing 4334.79 grams, which were seized in case No.06/CL/IMP/CUS/HQRS.PREV./SH/13-14 dated 27.08.2014 under Section 111 (b) and (d) of the Customs Act, 1962 ('the Act of 1962').

(2.) The Commissioner has also ordered confiscation of other articles and has also imposed penalty on the persons found to be in possession of, or dealing with, the gold in question.

(3.) Upon taking up this matter, we have queried the learned senior counsel for the petitioner at the outset about the availability of alternative remedy of appeal and as to why this matter be entertained in the writ jurisdiction of this Court