IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11767 of 2011 1. Surana Trading Company through its Proprietor Kamal Kumar Surana, son of late Jurawar Mal Surana, resident of village +P.O. Chandra Bandha, P.S. Chandra Bandha, District Cooch Behar, West Bengal. 2. M/s Bikaner Road Lines India Ltd., Vardman Road, Silliguri, District Darzilling, through its Director Sushil Kumar Daga, son of Sri Bhawar Lal Daga, resident of HB Road, Fancy Bazar. P.S. Pan Bazar, District Gouhati Assam. … Petitioners Versus 1. The Union Of India through the Chief Commissioner of Customs (P) Patna Zone, 4th Floor, Central Revenue Building, Birchand Patel Path, Patna 2. The Chief Commissioner of Customs, (P) Central Revenue Building, Birchand Patel Path, Patna 3. The Joint Commissioner, C C O, Customs (P), Central Revenue, Birchand Patel Path, Patna …. Respondents --------- For the Petitioners : Mr. Prabhat Ranjan, Advocate For the Customs : Mrs.Nivedita Nirvikar and Mrs. Archana Sinha, Advocates. -------- 04/ 06.09.2011 Heard learned counsel for the petitioners and learned counsel for the respondents. 2. This writ petition has been filed by the petitioners for directing respondent-authorities to release Assamies Betel Nuts weighing 31120 kgs. and also to provisionally release the money deposited for release of the vehicles, which are under custody/possession of respondent-authorities in view of the fact that the confiscation proceeding initiated by issuance of show cause notice under section 124 of the Customs Act has already been dropped against all the noticees as far back as on 05.12.2008 (Annexure 1). 3. From the statements made in the writ petition, it is also apparent that the petitioners have filed two representations before - 2 - the Commissioner of Customs (P), Central Revenue Building, Patna (respondent no. 2) on 09.05.2011 (Annexure 2) and 10.06.2011 (Annexure 3), which are still lying unheeded before the said authority although much time has lapsed. 4. In the aforesaid facts and circumstances, this writ petition is disposed of with a liberty to the petitioners to approach the said authority along with copies of the said two representations and a copy of this order within fifteen days from today. If the aforesaid order is complied by the petitioners, the said authority shall decide the said representations in accordance with law by a speaking order within two months thereafter taking into consideration the provisions of law as well as the case-laws and also the fact that the confiscation proceeding has already been dropped on 05.12.2008 (Annexure 1). In the meantime, respondent-authorities shall not dispose of the said Assamies Betel Nuts, if not yet disposed of. MPS/ (S.N.Hussain, J.)