IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28148 of 2010 BALRAM MONDAL S/O LATE GOSAI DAS MONDAL Versus 1. THE UNION OF INDIA 2. THE ASSISTANT COMMISSIONER, CUSTOMS (P) DIVISION, MOTIHARI, DISTRICT- EAST CHAMPARAN 3. THE S.P.P. CUSTOMS, BETTIAH, DISTRIT- WEST CHAMPARAN (BETTIAH) ----------- For the Petitioner : Mr. Shyama Pd. Mukherji Adv. Mr. Gyanand Ray Ad v. For the U.O.I. : Mr. Gopesh Kumar C.G.C. ---------- 5. 04.08.2010 Counter affidavit has been filed on behalf of the Union of India. The petitioner seeks quashing of the order dated 11.03.2010 passed by the Additional Sessions Judge 4th, Bettiah in T.R. No. 37/2009 by which he has refused to release the oil tanker seized in the said case in favour of the petitioner. It appears that on 8.8.09 tanker bearing no. WB 397568 was intercepted by the Superintendent Custom Circle Narkatiaganj and from the chamber of the tanker lorry 710 kg. of ganja was recovered. The case was instituted against one S.K. Razaul who was said to be the driver of the tanker. After due investigation charge sheet - 2 - was submitted only against the said S.K. Razaul and petitioner even though being the law-ful owner of the lorry was not charge sheeted. The petitioner thereafter filed an application before the District and Sessions Judge, West Champaran, Bettiah for release of his oil tanker but the same was disallowed. It has been submitted that there is no dispute with regard to the owner ship of the oil tanker and there was a report of the custom department that in fact the petitioner had authorized accused S.K. Razaul for operating the oil tanker for a certain period of time during which it was intercepted and seized by the Custom department. From the impugned order the said contention appears to be validated. Unfortunately the court below has not assigned any reason as to why it refused the prayer of the petitioner. Considering that the Hon’ble Supreme Court in a case reported in AIR 2003 (4) BLJR 244 (SC) had directed that expeditious action should be taken with regard to the disposal of cases where articles were perishable in nature and not required to be physically produced during trial and under no circumstances such property be kept at the police - 3 - station for more than 15 days to 1 months, this application is allowed and the impugned order is set aside. A further direction is given to release the oil tanker bearing registration no. WB 39 7568, engine no. 40 L 62369912, Chesis No. 42601LVZ141203 seized in NDPS Customs Circle Case No. 1/NKE/CUS forthwith on bonds/sureties to the satisfaction of the trial court. Let this order be communicated to the Additional Sessions Judge 4th, Bettiah in T.R. No. 37/2009 through fax at the cost of the petitioner. Fahad. (Anjana Prakash, J)