IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41264 of 2008 The Union Of India Thru. Shamshad Alam, Assistant Director, Directorate of Revenue Intelligence, Regional Unit, Raja Bazar, Bailey Road, Patna – Petitioner. Versus State Of Bihar ----------- 2 28.7.2011 HeardMr. Sandeep Kumar, counsel for the petitioner and Mr.Jharkhandi Upadhya, A.P.P. representing the State. This application has been filed by the Union of India through the Assistant Director, Directorate of Revenue Intelligence, Patna. An First Information Report was instituted on 28.9.2007 in which the petitioner had seized 3500 kgs of betel nut reportedly smuggled from a third country. The smuggled betel nut was handed over to the police. The petitioner thereafter has filed an application for release of the betel nut. The Judicial Magistrate, 1st Class, Araria has refused to release the goods in question vide order, dated 9.7.2008 in Forbesganj (Simraha) Ps Case No. 374/2007 without assigning any reason. There is no claim on behalf of any third party with respect to the ownership of the betel nut. The betel nut is already in custody of the petitioner. The question is of legal release so that they may dispose of the same as it is perishable item. I do not see any difficulty in passing an order releasing 3500 kgs of betel nut in favour of the petitioner to be sold in the market as per the provisions of the Customs Act. 2 The impugned order is accordingly quashed and this application is allowed. haque ( Sheema Ali Khan, J.)