IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1047 of 2010 1. PARAMJEET SINGH S/O MEHMA SINGH R/O 302 VISHNUPURI COLONY ANNEX, P.S.- BHAWARKUAN, DISTT.- INDORE (MADHYA PRADESH) Versus 1. THE UNION OF INDIA THROUGH THE INTELLIGENCE OFFICER DIRECTORATE OF REVENUE INTELLIGENCE, MUZAFFARPUR ----------- For the Petitioner : Mr. Renu Jha For the Union of India : Mrs. Archana Meenakshee and Mrs. Archana Sinha 4 29.3.2010 Petitioner claims to be the owner of a public service vehicle bearing registration no. MP-09KC- 9266 having Engine no. B591451030K62295403 Chasis no.426021LWZ733472 . He has filed this writ application challenging the jurisdiction of the custom authority in seizing his truck with goods loaded thereon but after some arguments, learned counsel for the petitioner restricts the relief sought for to release of the said public carrier truck. It is not in dispute that several trucks loaded with betel nuts and other goods were seized by the custom authority on the ground that they had been illegally imported to India through Indo- Nepal Custom Border .This Court would not go into the question of legality or illegality of seizure as it is still in the stage of enquiry but it is not in dispute that now a formal case has been instituted being DRI Case no. 10 of 2009, which is pending in Special Court of Economic Offences, Muzaffarpur, which involves this truck as well. A confiscation proceeding is also pending before the custom authority under the Custom Act in relation to the vehicle, in question. Having considered the fact that the truck is a 2 commercial commodity and would deteriorate by continuing in detention, I direct the Criminal Court, in question, to release the truck upon furnishing sufficient security to its satisfaction to the petitioner, upon the custom authority verifying the identity of the petitioner and submitting a report in that regard to the court concerned , verifying the registration of the vehicle, in question, and submitting a report in this regard to the Criminal Court and upon petitioner’s filing an undertaking before the Criminal Court to produce the vehicle, in question, as and when required either by the custom authority or by the Criminal Court. Upon an application by the petitioner to the Criminal Court concerned, court below would direct the custom authority to submit a verification report, as stated above, which should be done within fifteen days. Upon submitting of the report , within the said period, the Court then pass an appropriate order for release of the truck, as indicated above. It is, however, made clear that neither Bank Guarantee nor cash security would be insisted upon by the Court concerned. With the aforesaid observations and directions, the writ petition stands disposed of. Let a copy of this order be sent to Presiding Officer, Special Court, Economic Offences, Muzaffarpur, by FAX, at the cost of the petitioner . Singh (Navaniti Prasad Singh, J.)