9911796707
TMI Blog2012 (9) TMI 746X X X X Extracts X X X X X X X X Extracts X X X X ..... sp; For issuance of an appropriate writ in the nature of mandamus commanding and directing the respondents to destroy the Betel Nut which has been seized/confiscated and put on auction vide Tender Notice dated 12-5-2010 at lot No. GE-09/INP/JBN/09-10, lot No. GE-10/INP/JBN/09-10, lot No. GE-07/INP/JBN/09-10 and lot No. 143UC/09 dated 16-9-2009. (iii) For issuance of an appropriate writ in the nature of mandamus commanding the respondents to destroy the aforementioned betel nut measuring quantity 45.36 MT in the light of the relevant provisions of the Customs Act. (iv) For direction upon the respondent authorities to take necessary disciplinary action against the respondent Commissioner for disobeying the dire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Central Government through Chief Commissioner, Customs (Preventive), vide letter dated 30-4-2010 (Annexure 3), directed the Central Board of Excise & Customs not to sell such confiscated items in public auction as they were sensitive commodities prone to smuggling and to offer it to Kendriya Bhandar and NCCF only as they were government organizations and similar directions were earlier also issued by the Government of India to all the concerned Departments vide letter dated 21-4-2010 (Annexure 4), letter dated 24-12-1997 (Annexure 3 series), Circular dated 27-2-1981 (Annexure 3 series) and Circular dated 12-2-1969 (Annexure 3 series). 5. Learned counsel for the petitioner also averred that the Betel Nuts in question were ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to allow the procedure of sale through public auction cum tender as applicable in case of other commercial goods for the sake of transparency. He also stated that in the said situation seized/confiscated betel nuts are sold in all the States through E-Auction as has been done in this State and this fact is apparent from FAX dated 25-1-2010 (Annexure-C) sent by Kolkata Office of the Commissioner of Customs (Preventive) to his counterpart in Patna. 8. Learned counsel for the respondents claimed that only after testing the betel nuts and grading them, they are recommended for disposal for which a detailed prescribed procedure is adopted as shown by the recommendations of 2009 and 2010 (Annexures-B series). He also claimed that in one tes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hey were duty bound to sell the betel nuts by E-Auction after getting it tested at Kolkata Laboratory, which reported it to be unadulterated and fit for human consumption. 11. Furthermore even as per the claim of the petitioner, NCCF was the concerned person, which was deprived due to the impugned action of the respondent-authorities, but neither the said NCCF ever raised any grievance or filed any case, nor the petitioner even implead NCCF as a party to this writ petition, although according to the case made out by him it was a necessary party. 12. In any view of the matter, the petitioner has been unable to substantiate and validly show from the statements made in the writ petition that his interest had suffered or any right h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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