9911796707
TMI Blog2012 (9) TMI 746X X X X Extracts X X X X X X X X Extracts X X X X ..... hence earlier such betel nuts were provided to NCCF for selling it in retail to Co-operative Societies under the authorities, but subsequently started selling it to big concerns like the Kanpur Manufacturers, which were preparing hazardous and harmful items like Paan Masala and Gutka etc. - 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 has been taken away or he had been affected in any manner whatsoever by the impugned action of the respondent-authorities. He has also failed to prove by any valid material that he had ever been purchaser of betel nuts from Kendriya Bhandar or NCCF - writ petition dismissed. - 12672 of 2010 - - - Dated:- 9 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roper in the facts and circumstances of the case. 2. The petitioner claimed to be member of State Committee, Indian National Trade Union Congress and purchaser of betel nuts from Central Government Employees Consumer s Co-operative Society (Kendriya Bhandar) and National Consumer Co-operative Federation (NCCF) and came to know that respondent Customs Department was taking steps for auction sale of adulterated betel nuts, which were confiscated under the Customs Act, 1962. He also claimed to have sent letter dated 22-3-2010 (Annexure 6) to all the authorities concerned regarding smuggling of betel nuts in collusion with Patna Custom Authorities. 3. Learned counsel for the petitioner submitted that betel nuts are the largest single consum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2001 (Annexure 5) restrained the authorities from auction selling such goods in the country and directed them to re-export it out of the country by following the usual legal process or to destroy it as required under the relevant rules. Hence he claimed that on this ground also the betel nut in question cannot be auction sold. 6. On the other hand learned counsel for the respondents submitted that there is no Kendriya Bhandar in Patna and hence earlier such betel nuts were provided to NCCF for selling it in retail to Co-operative Societies under the authorities, but subsequently started selling it to big concerns like the Kanpur Manufacturers, which were preparing hazardous and harmful items like Paan Masala and Gutka etc. However, the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Excise) vide letter dated 26-3-2010 (Annexure-A). However, other betel nuts, which were found adulterated were destroyed after taking permission dated 3-2-2009 (Annexure-D) from the Commissioner of Customs (Preventive). 9. Learned counsel for the respondents averred that the entire procedure as prescribed has been followed by the authorities, in which anyone could have participated, even the petitioner, but neither he participated nor raised any objection during the proceeding and only after the bidding was complete and the auction purchaser was selected, he has raised this frivolous objection, which is not sustainable as neither there has been any procedural misconduct nor any illegality has been committed by the authorities in this reg ..... X X X X Extracts X X X X X X X X Extracts X X X X
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