IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.629 of 2010 SHEKHAR PRASAD Versus THE UNION OF INDIA & ANR with CR. WJC No.628 of 2010 DAYA NAND PRASAD Versus THE UNION OF INDIA & ANR with CR. WJC No.630 of 2010 RANDHIR KUMAR Versus THE UNION OF INDIA & ANR with CR. WJC No.652 of 2010 NAGINA MAHTO Versus THE UNION OF INDIA THRU.COMMI. with CR. WJC No.627 of 2010 ARUN KUMAR Versus THE UNION OF INDIA & ANR ----------- 5 23.9.2010 Cr.W.J.C. No.s 629, 628, 630 and 627 of 2010 relate to release of trucks bearing registration no.BR 06G 3264, BR 06G 3597, BR 06G 2853 and BR 06G 4377 respectively which were seized by the officials of the Seema Suraksha Bal (in short ‘SSB’) and by the officials of the Customs on 29.4.2010 for violation of section 110 of the Customs Act, 1962. Cr.W.J.C.no.652 of 2010 relates to release of pulses seized by the officials of the Seema Suraksha Bal (in short ‘SSB’) and by the officials of the Customs on 29.4.2010 for violation of section 110 of the Customs Act, 1962. The petitioners in Cr.W.J.C. Nos. 629, 628, 630 and 627 of 2010 are the owners of their respective vehicles. They 2 have challenged the seizure that there was no material to form a reason to believe that the goods were liable for confiscation under the Act which is a condition precedent for effecting seizure under section 110 of the Act. They further submit that SSB has no authority to seize the aforesaid vehicles. First of all this court would take up the matter relating to release of the vehicles which has become limited in view of Annexure-B to the counter affidavit filed on behalf of the Customs Department. Mrs. Nivedita Nirvikar, learned counsel appearing on behalf of the Customs submits that the Superintendent (Adjn), Customs Hqrs. Patna vide its order dated 1.9.2010 communicated the decision of the Commissioner of Customs, Patna in respect of provisional release of the aforesaid four trucks. It would appear from the aforesaid order that trucks have been released provisionally on execution of bond for full value of the vehicle supported by security to the security to the extent of 50% of the value of the vehicle. She further submits that in recent time there was been smuggling of pulses and cereals to neighbouring country Nepal and for the last few months cereals of crores of rupees have been seized. She submits that the condition has been imposed in view of the power conferred under section 110A of the Customs Act. The purpose of imposing second condition by the authority is to ensure that if the delinquent is held guilty, the authorities would be in a position to recover the value of the vehicle. 3 Learned counsel for the petitioners is aggrieved by the second condition of the order namely additional deposit of security to the extent of 50% of the value of the vehicle. He submits that the truck owner runs the vehicle on commercial basis and any how earned their livelihood. The part of the condition imposed by the Customs Department in respect of furnishing additional security to the extent of 50% of the value of the vehicle may be modified in order to make it viable. He further submits that the petitioners are ready to cooperate in the investigation of the case. It would appear that the Customs Department while releasing the truck in question has imposed two conditions. The first condition to execute bond for full value of the vehicle to which the petitioners have no grievance. However, the petitioners are aggrieved by the second condition relating to furnishing security to the extent of 50% of the value of the vehicle. It appears that bond for full value of the vehicle has already been imposed. In these circumstances, this court modifies the second condition imposed by the Customs Department from depositing additional security from 50% to 35% of the value of the vehicle. The petitioners would cooperate in the investigation and proceedings. So far as release of pulses in Cr.W.J.C.No.652 of 2010 is concerned, learned counsel submits that same are perishable commodities and lying in the truck under open sky without adequate precaution. The petitioner has already filed an 4 KHAN application before the Assistant Commissioner, Customs Division, Muzaffarpur. In the circumstances, this court directs the Assistant Commissioner, Customs Division, Muzaffarpur/Commisioner Customs (P), Patna to dispose of the matter relating to release of pulses to his satisfaction within two weeks from the date of receipt/production of a copy of this order. In the result, these writ applications are allowed to the extent indicated above. Let this order be communicated to the Commissioner Customs (P), Patna as well as Assistant Commissioner, Customs Division, Muzaffarpur at the cost of the petitioners. (S.P.Singh,J)