1991 (3) TMI 155 - HC - Customs

Summary

Issues: Claim of ownership of truck, detention of truck for carrying contraband goods, failure to reply to show cause notice, release of truck based on circular, direction to reply to show cause notice, release of truck upon furnishing bond, provision of documents to petitioners, inspection of seized goods, deadline for answering show cause notice, timeline for adjudication proceedings.

The judgment addresses a case where the petitioners claimed ownership of a truck detained for allegedly carrying contraband goods. The petitioners sought release of the truck based on a circular issued by the Collector of Customs allowing release of vehicles against bonds. The respondents did not challenge the circular, and the court upheld its validity, stating that the respondents cannot deviate from the policy outlined in the circular. The court noted that the Customs authorities had not responded to the petitioners' letters requesting release of the truck, and emphasized that the delay in the proceedings could not be blamed on the petitioners. The court ordered the release of the truck upon the petitioners furnishing a bond of Rs. 1 lakh as per the circular, within three days of furnishing the bond.

Regarding the show cause notice, the court directed the petitioners to reply to it by a specified deadline and instructed the concerned authority to hear and dispose of the matter within a set timeline. The court warned that in case of default by the petitioners in answering the notice or participating in the adjudication proceedings, the authority could proceed ex parte. The judgment also required the respondents to provide the petitioners with copies of specific documents and allow inspection of the seized goods within a stipulated timeframe. Additionally, the court clarified that if the adjudication order favored the respondents, they could enforce the bond provided by the petitioners.

In conclusion, the court disposed of the writ petition, noting that the respondents did not file an affidavit-in-opposition and did not admit the allegations in the petition. No costs were awarded, and all parties were directed to act in accordance with the signed copy of the operative part of the judgment.