COLLECTOR OF CUSTOMS PVT NORTH EASTERN REGION SHILLONG Vs. BIPLAB RAKSHIT

JUDGEMENT

(1.) The Union of India through the Collector of Customs, Meghalaya and two others have presented this writ appeal being aggrieved by the order of the learned Single Judge of this Court in Civil Rule No. 451/94 disposed of on 4.7.96, by which the learned Single Judge allowed the writ petition with a direction to the Customs authorities to return the goods seized by them immediately with certain other directions in alternative. Aggrieved by this order, this appeal has been presented challenging the correctness and the legality of this order of the learned Single Judge.

(2.) We have heard the learned counsel on both the sides.

(3.) The salient facts necessary to be referred to for the purpose of disposal of the appeal are that a certain goods had been seized from Shri Biplab Rakshit, the respondent herein, on 24.12.93. It is stated that since the respondent was also arrested, he moved for an order of bail befone the Magistrate. The learned Magistrate concerned refused to grant bail and ultimately the matter was brought before the Sessions Judge having jurisdiction, who is said have passed an order releasing the respondent on bail. However, there was no order in regard to release of the valuables seized from the respondent. Aggrieved by the action on the part of the appellants, the respondent moved the above Civil Rule No. 451/94 challenging the action on the part of the appellants, respondents in the writ petition, in regard to the seizure of the articles from him.