Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11949 of 2012 ====================================================== Assistant Commissioner, Land Customs Station, Jogbani, District- Araria (Bihar) .... .... Petitioner/s Versus 1. The Union of India, through Ministry of Home Affairs, Government of India, New Delhi. 2. The Commandant, Sashastra Seema Bal, Bathnaha 3. The State Of Bihar through the Home Secretary, Government of Bihar, Patna. 4. The Superintendent of Police, District- Araria. 5. The Officer, In Charge, P.S- Jogbani, District- Araria. 6. The Assistant Commandant, Sashastra Seema Bal, Bathnaha. ====================================================== .... .... Respondent/s Appearance :
Legal Reasoning
For the Petitioner/s : Mr. Archana Meenakshee For the State : Mr. Sunil Kr. Mandal, SC-24 For the UOI : Mr. N.A.Shamsi, ASG ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 8 25-09-2013 Heard learned counsel for the petitioner- Customs Department, learned Assistant Solicitor General for the Union of India and learned Standing Counsel No. 24 for the State of Bihar.
Decision
The writ petition had been filed for a direction 2 Patna High Court CWJC No.11949 of 2012 (8) dt.25-09-2013 2 / 6 on the respondents to hand over to the petitioner-Customs Department the consignment of six tractors and eight trolleys loaded with food grains valued at Rs. 35,83,540/- seized by the Assistant Commandant, Sashastra Seema Bal (SSB), Bathnaha on 5.1.2011 and handed over to the local police station, Jogbani on 6.1.2011. The aforesaid consignment of six tractors and 8 trolleys loaded with 33250 Kgs of Rice, 5750 Kgs. of Arhar Dal and 6000 Kgs. of Urad Dal valued at Rs. 35,83,540/- was seized by the Assistant Commandant, SSB, Bathnaha after he had received information on 5.1.2011 regarding the said food grains being illegally taken into Nepal whereupon he proceeded towards the spot on Indo-Nepal border; on seeing them the drivers of the tractors ran away into Nepal, and the SSB thereafter seized the goods and handed over the same to the local police on 6.1.2011. Thereupon Jogbani P.S. Case No. 03/2011 dated 6.1.2011 was registered under Sections 379 and 411/34 of the Indian Penal Code against seven unknown persons. Upon learning about the said seizure the Customs Officials being of the view that illegal export of the food grains in question was in violation of Sections 11H, 50 and 51 of the Customs Act, 1962 read with Section 3(2) of the Foreign Trade (Development & Regulation) Act, 1992 and 3 Patna High Court CWJC No.11949 of 2012 (8) dt.25-09-2013 3 / 6 punishable under Section 135 of the Customs Act and further liable to be seized by the Customs Officials under Section 110 of the Customs Act, requested the SSB, Bathnaha by letter dated 6.1.2011 to hand over the seized goods to the Customs Station, Jogbani, a copy of which was also served upon the Officer-in- charge of Jogbani Police Station. The Customs Department thereafter filed an application before the Chief Judicial Magistrate, Araria in Jogbani P.S. Case No. 3/2011 to direct the Investigating Officer of the case to hand over the case along with the goods and vehicles to the Department of Customs, LCS, Jogbani under the provisions of the Customs Act, 1962 but the petition was rejected by order dated 28.1.2011 of the Chief Judicial Magistrate, Araria. It is the stand of the Customs Department that the State Government also by a circular dated 15.5.1976 issued by the Home Department (Special Section) addressed to all the District Officers and all the Superintendent of Police, had directed that in case of seizure of any goods which are also in contravention of Section 110 of the Customs Act, although such seizure may be covered by the provisions of the Essential Commodities Act or other laws administered by the State Government, but the Customs Act being stronger Act, in view of 4 Patna High Court CWJC No.11949 of 2012 (8) dt.25-09-2013 4 / 6 the conflict of jurisdiction, the goods so seized should be handed over to the Customs Authorities for being dealt with by them in accordance with the Customs Act. It may here be pointed out that the said circular speaks about the seizure of foreign made contraband goods whereas the present case, as per the petitioner-Customs Department, is one of attempt at illegal export of goods produced in this country. However, broadly speaking in both the cases Section 110 applies as goods being attempted to be illegally exported are also liable to confiscation under Section 113 of the Customs Act. However, in the present matter, upon rejection of the petition filed by the petitioner by the Chief Judicial Magistrate, Araria, the police has also proceeded in the matter and after completing the investigation, has submitted charge sheet on 21.10.2011 under Sections 379/411/34 of the Indian Penal Code. It is also submitted that the Chief Judicial Magistrate has directed release of the goods to one of the licencees although the said order has not been brought on the record. It is also pointed out that as yet cognizance has not been taken. In view of the aforesaid factual situation it is evident that the circular letter dated 15.5.1976 of the Government of 5 Patna High Court CWJC No.11949 of 2012 (8) dt.25-09-2013 5 / 6 Bihar in the Home Department is squarely applicable in the present matter. The authorities of the SSB/Police ought to have handed over the seized goods in favour of the Customs authorities. This Court had also directed the Chief Secretary to file his affidavit in the matter as to how such conflict has been permitted to arise between the different authorities of the Central and State Governments so as to create a situation of such inter and intra-governmental disputes between the agencies of the Central Government and the State Government which ought to have been resolved by Governmental authorities themselves. The Chief Secretary in his affidavit has referred to the circular letter dated 15.5.1976 stating that a meeting was organized under the Chairmanship of the Principal Secretary, Home Department, Bihar with Additional D.G.P (H.Q.), Bihar, Patna, Commissioner, Customs, Patna and Inspector General, SSB, Patna on 18.7.2013 and it was resolved in the meeting that the Home Department and the State Police have no objection to make over foreign made contraband goods to customs authorities and since circular in this regard was issued long before, the Home Department shall issue fresh circular containing directions to the police authorities to avoid such difficulties in future. Reference 6 Patna High Court CWJC No.11949 of 2012 (8) dt.25-09-2013 6 / 6 has also been made to the developments in the criminal case as also the fact that the same is pending before the court of the Chief Judicial Magistrate for taking cognizance. On a consideration of the facts and circumstances of the case, it is evident that a dispute, which ought not to have arisen in view of the circular issued long time back in the year 1976, has unnecessarily arisen and occupied the time of this Court as also the Court of the Chief Judicial Magistrate because of the ignorance of the police authorities regarding the said circular. However, since charge sheet has already been filed in the police case and the matter is pending before the court of the Chief Judicial Magistrate, it does not appear appropriate to issue any directions so far as the criminal case is concerned. In my view, however, nothing prevents the Customs authorities on the basis of the facts which are available, to proceed in the matter in accordance with the provisions of the Customs Act. The writ application is, accordingly, disposed of with the aforesaid observations and directions. S.Pandey/- (Ramesh Kumar Datta, J)