IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3603 of 2009 MD. SADRE ALAM, SON OF MD. ABBULAISH, RESIDENT NAHAR CHOWK, TRILOKINAGAR RAXAUL WARD NO.16, P.S.RAXAUL, DISTT-EAST CHAMPARAN………………………………...PETITIONER. Versus 1. J.H.THI KHANG SON OF NOT KNOWN, ASSISTANT COMMISSIONER OF CUSTOMS (PREV) DIVISION MOTIHARI, DISTT-EAST CHAMPARAN 2. MR. B.N. MISHRA, SON OF NOT KNOWN SENIOR SUPERINTENDENT OF CUSTOM(PREV) DIVISION MOTIHARI, DISTT-EAST CHAMPARAN………………………...OPPOSITE PARTIES. ----------- For petitioner:- Mr. Shahnawaz Ali, Advocate For Custom :- Mrs. Archana Meenakshi, Advocate Mrs. Archana Sinha, Advocate --------- 05/ 21-Sep-2010 There is no dispute that the truck in question has already been released on the terms specified by the writ Court in order dated 11.12.2008 passed in CWJC.No.15601/2008.That part of the order stands confirmed by the Division Bench of this Court by order dated 01.09.2009. 2. The writ Court, on the submission of the writ petitioners treated the goods loaded under truck to be plastic scraps and accordingly directed for its photographing and valuation with the further direction to release the scraps on furnishing of bond of the value of the scraps with two sureties of that amount. That part of the order was considered by the Division Bench in 2 course of hearing of the LPA and it was clarified that value of the plastic scraps is very insignificant and therefore the direction for release of the plastic scraps as given by the learned single Judge will stand. However, it was clarified that for release of plastic granules which according to Custom authorities formed part of the goods on the truck seized, the Division Bench clarified that any application for release of plastic granules shall be considered by the Custom authorities on its own merits. 3. According to Custom authorities, the Opposite Parties herein, the petitioner wants to create a confusion and seek release of the plastic granules along with plastic scraps on the strength of the judgment of the Division Bench contained in Annexure-1 dated 01.09.2009. 4. It is further case of the Opposite Parties that petitioner has not come forward with bonds of sufficient amount of the valuation of the plastic scraps to take release of the plastic scraps. 5. On the other hand, learned counsel for the petitioner submits that already application has been 3 filed for release of the scraps but no intimation has been given to the petitioner to furnish a bond of the value of scraps till date. According to learned counsel for the petitioner the authorities have not decided as yet that what part of the consignment is scrap and whether there is any plastic granules also in the consignment. Learned counsel for the Opposite Parties contests the submission and submits that a copy of Panchnama can be obtained by the petitioner which would show that the value of plastic scraps and plastic granules have been shown separately. 6. Be that as it may, the petitioner is directed to approach the concerned authorities and on his furnishing bonds of the required amount the plastic scraps shall be released to him within a period of four weeks from today. If the authorities have already decided that the consignment contains plastic granules also and its value, the same shall be communicated to the petitioner within the aforesaid period of four weeks particularly at the time when he approaches the authorities for release of plastic scraps. If they have not decided this issue, they must decide the same within 4 four weeks and provide information to the petitioner as soon as he approaches for release of the plastic scraps. Thereafter, it will be open for the petitioner to apply for release of plastic granules also if the authorities inform him that the consignment contains plastic granules also. Such application for release of plastic granules as directed by the Division Bench shall be considered on its own merit, preferably within six weeks from the date of filing of such application. 7. The contempt application is finally disposed of. perwez ( Shiva Kirti Singh, J.) (Hemant Kumar Srivastava, J.)