IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7626 of 2008 SANJEEV KR.ANIL, S/O Shri Alikhlal, Customs Road, Near New Indian Oil Khadim Show Room Raxaul, P.S. & P.O. Raxaul, East Champaran (Bihar) Versus 1. UNION OF INDIA through its Secretary cum Commissioner Revenue Department, Ministry of Finance, New Delhi. 2. Chief Commissioner of Custom, Custom (P) Division, Patna. 3. Commissioner of Custom (Preventive), Patna. 4. Joint Commissioner of Customs, Customs (P) Division, Patna. 5. Assistant Commissioner of Customs, Customs (P) Division, Muzaffarpur. 6. Deputy Director, DRI – Regional Unit, Patna. 7. Godown Incharge, Customs (P) Division, Muzaffarpur. 8. Inspector (Search & Seizure), Customs (P) Division, Muzaffarpur. 9. Senior Intelligence Officer, DRI Muzaffarpur. 10. R K Shrivastava, the then Inspector (Search & Seizure) DRI, Muzaffarpur. 11. A K Singh, Inspector, Customs, Raxaul Custom House, Raxaul, East Champaran. ----------- 07. 17.11.2009 Based on a detailed order recorded on 07.11.2008 the seized zinc slabs in a random manner were forwarded to the National Metallurgical Laboratory, Jamshedpur for test and submission of their report with regard to the metal in question. This order had to be passed by the Court because a serious dispute or objection was raised on behalf of the petitioner that what was ordered to be returned or released in favour of the petitioner by respondent revenue authorities was not zinc. In the report of the National Metallurgical Laboratory, which was forwarded to the Court, they had certified that it is zinc and to that extent the dispute raised by the petitioner does not seem to be bonafide. The petitioner therefore would be obliged to - 2 - receive the released seized stock of zinc slabs if he so wishes. This aspect is allowed to rest. The other part of the order was an obligation of meeting the expenses for the test and in this regard Rs.6,741.60 P is being claimed by the National Metallurgical Laboratory as their fees. Petitioner is directed to deposit this amount before release of the material with the Custom authorities, who shall forward the said payment to the National Metallurgical Laboratory, Jamshedpur immediately. The writ application rests on the above order. No further direction is required. The writ application stands disposed of accordingly as dispute stands settled in light of the earlier observation of the Court primarily order dated 7.11.2008. rkp (Ajay Kumar Tripathi, J)