MOHAN GOSWAMI Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner for the following reliefs :-

(2.) Learned counsel for the petitioner submitted that betel nuts are the largest single consumer item smuggled into India from Nepal regularly by organized gangs of smugglers and the Kanpur Gutka Manufacturers were major financers of smuggling of betel nuts, which was, thus, not only an economic offence of smuggling but was also a health hazard spreading cancer through its products e.g. Gutka & Paan Masala etc. and hence the authorities were duty bound to take steps for checking the same.

(3.) Learned counsel for the petitioner further submitted that in these circumstances the Central Government through Chief Commissioner, Customs (Preventive), vide letter dated 30-4-2010 (Annexure 3), directed the Central Board of Excise & Customs not to sell such confiscated items in public auction as they were sensitive commodities prone to smuggling and to offer it to Kendriya Bhandar and NCCF only as they were government organizations and similar directions were earlier also issued by the Government of India to all the concerned Departments vide letter dated 21-4-2010 (Annexure 4), letter dated 24-12-1997 (Annexure 3 series), Circular dated 27-2-1981 (Annexure 3 series) and Circular dated 12-2-1969 (Annexure 3 series).