Patna High Court – Orders
Bharat Trading Company, vs The Union Of India on 13 August, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5918 of 2025
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Bharat Trading Company, having its Registered Office at Village-Krishnai
Bazar, Rakesh Cabin, P.S. Krishnnai, District Goalpara, Assam, 783120
through its Authorized Signatory Trimurti Kumar Maurya, Male, aged about
36 Years, Son of Triloki Nath, Resident of House NO. 166, Village-
Chiraigaon, Domapur, Varanasi, P.S. Choubeypur, District -Varanasi, (Uttar
Pradesh).
... ... Petitioner.
Versus
1. The Union of India through Chief Commissioner, Customs, Central Revenue
Building, Birchand Patel, Patna, Bihar
2. The Commissioner of Customs, (Preventive), 5th Floor, Central Revenue
Building, Birchand Patel, Patna, Bihar.
3. The Additional Commissioner of Customs (Preventive), 5th Floor, Central
Revenue Building, Birchand Patel, Patna, Bihar.
4. The Assistant Commissioner, Customs (Preventive), Division Forbishganj,
District-Araria, Bihar.
5. The Inspector Cum Seizing Officer, Customs (P), Forbishganj, District-
Forbishganj, District-Araria, Bihar.
... ... Respondents.
======================================================
Appearance :
For the Petitioner : Mr. Prabhat Ranjan, Advocate.
For the Union of India : Dr. Krishna Nandan Singh, ASG.
Mr. Anshuman Singh, Sr. SC, Customs.
Mr. Shivaditya Dhari Sinha, Advocate.
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
8 13-08-2025
I.A. No.1 of 2025:
Heard I.A. No.1 of 2025 for amendment of the
relief(s) sought in the present writ petition (C.W.J.C No.5918 of
2025).
2. The aforementioned I.A. No.1 of 2025 for
amendment has been filed pursuant to our order dated
Patna High Court CWJC No.5918 of 2025(8) dt.13-08-2025
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10.07.2025 and it reads as under:
“The present writ petition has a bearing
on earlier CWJC No. 3765 of 2020 decided on
19.03.2025. Earlier, CWJC No. 3765 of 2020 was
disposed of with liberty to file fresh writ petition
only on technicality. Therefore, the petitioner
rightly filed the present writ petition while
rectifying certain affidavit with reference to defect
in the affidavit in CWJC No.3765 of 2020.
Respective counsels should have apprised this
Court on 19.03.2025 while deciding CWJC No.
3765 of 2020 contending that during pendency of
2020 petition certain developments have taken
place including passing of adjudicatory order in the
year 2022. The same has not been questioned by
the petitioner during pendency of CWJC No.3765
of 2020. Even though if seizure memo is set aside,
formally there should have been challenge to the
subsequent events like adjudicatory order passed in
the year 2022. The petitioner has not assailed the
same. Therefore, petitioner is permitted to file
interlocutory application to amend the prayer while
furnishing the document relating to subsequent
event to the seizure memo so as to examine on the
next date of hearing.
2. Re-list this matter on 17.07.2025.”
3. The respondents have raised objection contending
that the petitioner is not entitled to have the benefit of
Patna High Court CWJC No.5918 of 2025(8) dt.13-08-2025
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amendment of prayer as prayed in I.A. No.1 of 2025. In support
of the same, the respondents are relying on the order of the
Hon’ble Supreme Court dated 15th September, 2022 passed in
SLP (C) No(s).7146 of 2021 in the case of Union of India &
Ors. Versus M/s Om Sai Trading Company & Anr. It reads
as under:
” Leave granted.
Having heard learned counsel for the
parties, in view of the facts of the present case, and
as the goods have already been released, we are not
inclined to interfere with the decision of the High
Court quashing the seizure memo. However, we
clarify that the quashing of the seizure memo does
not mean the appellants cannot investigate, and
proceed in accordance with law under the
provisions of the Customs Act, 1962.
Recording the aforesaid, the appeals are
disposed of.
Pending application(s), if any, shall stand
disposed of.”
4. Further, they are relying on paragraph-2 of the
order dated 05.12.2024 passed in C.W.J.C. No.7682 of 2020 to
the extent that the petitioner is not permitted to assail the
adjudicatory order through mode of amendment of the present
writ petition.
5. Heard the learned counsel for the respective parties.
6. The writ petitioner-Bharat Trading Company had
filed C.W.J.C. No.3765 of 2020, which was disposed of on
Patna High Court CWJC No.5918 of 2025(8) dt.13-08-2025
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19.03.2025 while granting liberty to file fresh writ petition only
on technicality. Therefore, petitioner has presented the present
writ petition (C.W.J.C. No.5918 of 2025).
7. The matter was heard at the preliminary stage and
we have pointed out on 10.07.2025 to the extent that the
petitioner was required to challenge the subsequent event like
questioning the validity of the adjudicatory order passed in the
year 2022. Therefore, the respondents’ contention that the
petitioner is not permitted to have the benefit of amendment of
prayer insofar as to challenge to the adjudicatory order in the
light of the decision of the Hon’ble Supreme Court (cited supra)
read with paragraph-2 of the order dated 05.12.2024 passed in
C.W.J.C. No.7682 of 2020 has no assistance so as to deny the
benefit of amending the writ petition on behalf of the petitioner.
8. Accordingly, I.A. No.1 of 2025 stands allowed.
9. Petitioner is hereby directed to file amended
petition within a period of six weeks from today.
10. Respondents are permitted to file additional
counter affidavit insofar as amended prayer is concerned if any.
11. At this juncture, learned counsel for the petitioner
submitted that while passing adjudicatory order on 25.08.2022/
07.09.2022, the concerned authority has taken note of certain
Patna High Court CWJC No.5918 of 2025(8) dt.13-08-2025
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observation made by the Coordinate Bench, which has been
narrated in paragraphs-67 and 69 and it reads as under:
“67. I noticed that Shri Ashish Sharma, owner
of the seized vehicle and noticee no.5 in the instant case
has filed a writ petition before Hon’ble High Court Patna,
CWCJ No.768/2021. Hon’ble Court vide order dated
17.01.2022 ordered that “Let this matter be also listed
along with CWJC No.3765 of 2020 before appropriate
Bench after obtaining necessary orders of Hon’ble the
Chief Justice.” Further, vide order dated 23.02.2022
Hon’ble High Court Patna ordered that “Accordingly,
these applications (CWJC No.768/2021, CWJC
No.3529/2020 and CWJC No.3765/2020) shall be heard
along with C.W.J.C. No.7999 of 2020.” Hon’ble High
Court Patna vide oral order dated 22.11.2021 passed in
CWJC No.7999 of 2020 (Sukhdeo Singh & ors. Vs
Union of India & ors.) Ordered as under:
“Adjudicatory proceeding shall continue.
Equally, it shall be open for the adjudicatory
authority to pass an order but however, the same
shall not be given effect to without permission of
the Court.”
In view of the above order of the Hon’ble High Court,
even if an order is passed in the instant case, the same
shall be given effect to only with the permission of
Hon’ble High Court, Patna.
69. In view of the discussion and findings recorded
above and in exercise of powers conferred upon me
Patna High Court CWJC No.5918 of 2025(8) dt.13-08-2025
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under section 122 of the Customs Act, 1962; I pass the
following orders although the same shall be given
effect only after permission of Hon’ble High Court,
Patna (reference: para 67):
1. I order for confiscation of seized 28490 Kgs. of Dried Areca Nut,
valued at Rs.77, 52, 898/- (Rupees Seventy Seven Lakh Fifty Two
thousand Eight Hundred and Ninety Eight only) under Section
111(b) & (d) of the Customs Act, 1962. I impose redemption fine
of Rs.1,08,00,000/-(One Crore Eight Lakhs only) in lieu of
confiscation under Section 125 of the Customs Act, 1962. In
addition the applicable Customs Duty and Charges payable in
respect of seized goods is liable to be recovered under Section 125
of the Customs Act, 1962.
2. (a) I order for confiscation of seized vehicle bearing Regd. No.UP-
15DTT-4355 valued Rs.27,20,000/- (Rupees Twenty Seven Lakh
Twenty thousand only) under Section 115 of the Customs Act, 1962.
I impose fine of Rs.6,30,000/- (Rupees Six Lakh Thirty Thousand
only) in lieu of confiscation under Section 125 of the Customs Act,
1962. However, I allow option to the legal owner of the said
vehicle to redeem the same on payment of fine of Rs.6,30,000/-
(Rupees Six Lakh Thirty Thousand only) in lieu of confiscation
imposed under sec 125 of the Customs Act, 1962 to the owner of
the vehicle.
(b) I impose a penalty of Rs.50,000/-(Rupees Fifty Thousand) only
under section 112(b) of the Customs Act, 1962 upon the said
Noticee No.5;
Since the said vehicle has already been released provisionally
on execution of bond for full seizure value of the said vehicle and
furnishing of security deposit of Rs.6,80,000/-, I order for
appropriation of Rs.6,30,000/-, to the exchequer towards recovery
of redemption fine amounting to Rs.6,30,000/- and penalty
amounting to Rs.50,000/- imposed upon the said Noticee No.5 from
the security deposit of Rs.6,80,000/- deposited at the time of
provisional release of the said vehicle.
3. I impose penalty upon all the noticees of the amount, as mentioned
against the serial number below, under Section 112 of the Customs
Act, 1962:
Patna High Court CWJC No.5918 of 2025(8) dt.13-08-2025
7/8Noticee No.1 Rs.50,000/- (Rupees Fifty Thousand only)
Noticee No.2 Rs.50,000/- (Rupees Fifty Thousand only)
Noticee No.3 Rs.50,000/- (Rupees Fifty Thousand only)
Noticee No.4 Rs.50,000/- (Rupees Fifty Thousand only)
4. I impose penalty upon all the noticees of the amount, as mentioned
against the serial number below, under Section 114AA of the
Customs Act, 1962:
Noticee No.1 Rs.25,000/- (Rupees Twenty Five thousand only)
Noticee No.2 Rs.25,000/- (Rupees Twenty Five thousand only)
Noticee No.3 Rs.25,000/- (Rupees Twenty Five thousand only)
5. I impose penalty upon all the noticees of the amount, as mentioned
against the serial number below, under Section 117 of the Customs
Act, 1962:
Noticee No.1 Rs.25,000/- (Rupees Twenty Five thousand only)
Noticee No.2 Rs.25,000/- (Rupees Twenty Five thousand only)
Noticee No.3 Rs.25,000/- (Rupees Twenty Five thousand only)
Noticee No.5 Rs.25,000/- (Rupees Twenty Five thousand only)Sd/-
25/8/22
(Manoj Kumar Sharma)
Joint CommissionerC.No.GEN/ADJ/JC/64/2021/Adjudication/625-629 Date: 25.08.2022
07-09-22
To,
1. M/s Bharat Trading company, Vill.Krishnai Bazar, Rakesh Cabin,
P.S Krishnai, Goalpara, Assam-PIN-783120, held as Noticee
No.1;
2. M/s Shree Krishna Traders, House No.662, Alipur, Garhi, New
Delhi-110036, held as Noticee No.2;
3. M/s Assam Delhi Logistic, Add-03, Village/Town-Roumari, Baksa,
P.S.-Goreswar, Roumari, Assam, PIN-781343, held as Noticee
No.3;
4. Mr. Akram, S/o- umar Mohammad, At-Panchali Buzurg, P.O-
Panchli Buzurg, P.s-Sardhana, Distt.,- Meerut, Uttar Pradesh, PIN-
Patna High Court CWJC No.5918 of 2025(8) dt.13-08-2025
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250344, held as Noticee No.4 and
5. Shri Ashish Sharma, S/o-Rajendra Prasad Sharma, At-56th, Gupta
Colony, T.P. Nagar, Meerut-250001, held as Noticee No.5.
Sd/-
25/8/22
(Manoj Kumar Sharma)
Joint Commissioner”
In the light of the aforementioned observation of the
adjudicatory order dated 25.08.2022/07.09.2022, it support the
petitioner’s case insofar as challenge to the order
25.08.2022/07.09.2022. It is to be noted that till date, the Joint
Commissioner, the author of adjudicatory order or on behalf of
the Customs Department have not taken any permission of this
Court to give effect to the order dated 25.08.2022/07.09.2022.
C.W.J.C. No.5918 of 2025:
12. Re-list this matter on 10.09.2025.
(P. B. Bajanthri, J)
( S. B. Pd. Singh, J)
P.S./-
U