IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15601 of 2008 1. HARI KISHORE son of Sri Birendra Resident of Janakpuri, Near Gagiabad P.O.+ P.S.Gagiabad U.P. At present Branch Manager Thakur Road Lines, Near Custom Raxaul,Districtg- East Champaran. 2. Sadre Alam son of Md. Abbulaish, resident of Nahar Chowk Trilikinagar Raxaul Ward no. 16, P.S. Raxaul,Dist:- East Chamapran. Versus 1. THE UNION OF INDIA through its Secretary –cum- Commissioner, Revenue Department, Ministry of Finance, New Delhi. 2. Chief Commissioner of Custom,Custom (Prev) Division,Patna. 3. Commissioner of Custom (Prev.)Patna. 4. Joint Commissioner of Customs, Customs( Prev) Division,Patna. 5. Assistant Commissioner of Customs, Customs (Prev.)Division,Motihari 6. Custom Superintendent (Prev),Motihari,East Champaran. 7. Godown Incharge Custom (Prev) Division,Motihari. 8. Inspector (Search & Seizure) Custom(Prev) Division,Motihari. ----------- For the Petitioners : Mr. N.K.Agrawal,Sr.Adv. Mr. Md. Shahnawaz Ali. For the Respondents : Mrs. Archana Minakchee,Sr.Standing Counsel Custom,Central Excise,Service Tax. --- 2 11.12.2008 This writ application is ostensively against the order, as contained in Annexure 11 to the supplementary affidavit, by which the Custom authority has provisionally released the public carrier truck no. HR-38M-9043 valued at Rs. 8,00,000/- on deposit cash security of Rs. 50,000/-. Petitioners further prayed for release of plastic scraps found loaded thereon which was in route of Raxaul to Delhi. Learned counsel for the Custom submits that though it was plastic scraps, it was of foreign origin. It is submitted that it is on that basis the seizure was made. Petitioner submits that it is admitted that the truck was carrying plastic scraps. Plastic scrap is neither a notified item under the Custom Act nor is a such premium item which 2 would lead to smuggling because on melting the scrap no good quantities can be taken from it. Be that as it may, so far as the truck is concerned, petitioner would be obliged to furnish a bond of Rs. 50,000/- with two sureties of the like amount each to the satisfaction of the Assistant Commissioner,Custom (Prev.)Division,Motihari and petitioner would not be required to deposit cash security. So far as plastic scrap is concerned, the respondent- Assistant Commissioner (Prev.)Division, Motihari would take such sample as he may consider appropriate and such photograph as he may be advised in presence of the petitioner and/or their authorized representative and then value the scrap and release on furnishing a bond of the value of the scraps with two sureties of the like amount to his satisfaction. All process should be done forthwith without any further delay. This disposes of the writ petition. SINGH (Navaniti Pd. Singh, J.)