Patna High Court
Maa Kamakhya Traders vs The Union Of India on 24 July, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5832 of 2025
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1. Maa Kamakhya Traders having its Registered Office at 2nd Floor, KTC
Building NH-37, Beharbari, Beltola, Guwahati, Assam, through its
Proprietor Sushil Kumar Dwivedi @ Sushil Kumar, aged about 48 years,
Male, Son of Sri Jai Govind Dwivedi, Resident of Upper Burtuk, P.S. Sadar,
District Gangtok, Sikkim 737101.
2. Kamadgiri Trading Company, having its Principal Place of Business at First
floor, 3420-3421, Near Metro Hauz, Qazi Gali, Chaumukha Mandir, New
Delhi through its Proprietor Shivam Dwivedi, aged about 29 years, Male,
son of Sunil Dwivedi, resident of M-2/ 1 C, First Floor, Model Town 3, P.S.
Model Town, District North West Delhi.
... ... Petitioner/s
Versus
1. The Union of India through the Chief Commissioner, Customs, Central
Revenue Building, Birchand Patel Path, Patna, Bihar.
2. The Commissioner of Customs (Preventive) cum Adjudicating Authority,
Central Revenue Building, Birchand Patel Path, Patna, Bihar.
3. The Additional Director General, Directorate of Revenue Intelligence, Zonal
Unit, Lucknow, Uttar Pradesh.
4. The Deputy Director, Directorate of Revenue Intelligence, Regional Unit,
First Floor, Customs Office, Building, Imali Chatti, Muzaffarpur, Bihar.
5. The Intelligence Officer cum Seizing Officer, Directorate of Revenue
Intelligence, Regional Unit, First Floor, Customs Office, Building, Imali
Chatti, Muzaffarpur, Bihar.
6. Sudhanshu Kumar, fathers name not known to the petitioner, I.O. cum
Seizing Officer, Directorate of Revenue Intelligence, Regional Unit, First
Floor, Customs Office, Building, Imali Chatti, Muzaffarpur, Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Prabhat Ranjan, Advocate
For the Respondent/s : Mr.Dr. K.N. Singh (ASG)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 24-07-2025
In the instant petition, petitioner has prayed for the
Patna High Court CWJC No.5832 of 2025 dt.24-07-2025
2/3
following relief(s):-
(i) Quashing of the Seizure Memo dated
23.11.2023
, corresponding to DRI Case No. 08/2023 24
dated 23.11.2023 vide DIN 202311DDZ80000666FF3
(Annexure P/5) by which, 23520 Kgs. of Assam Dried
Areca Nuts along with Tata LPT Truck bearing Registration
No. PB-13AW/9261 have been seized under Section 110 of
the Customs Act, 1962 for alleged violation of Section 32,
33, 34, 46 and 47 of the Customs Act, 1962;
(ii) Provisional release of the 23520 Kgs. of Betel
Nuts and the Truck bearing Registration No. PB-
13AW/9261 seized by the Respondent (s) vide Seizure
Memo dated 23.11.2023 in connection with DRI Case No.
08/2023 24 dated 23.11.2023 on the ground that the seized
goods are perishable in nature and open to quick and natural
decay due to acute weather condition;
(iii) Restraining the Respondents from taking any
coercive action against the petitioners in connection with
Seizure dated 23.11.2023 corresponding to DRI Unit Case
No. 08/2023-24 during the pendency of the present writ
application and/or without the leave of this Hon’ble Court.”
2. Learned counsel for the petitioner submitted that the
present matter is covered by the co-ordinate bench decision in
the case of Assam Supari Traders Vs. Union of India and Ors
(CWJC No. 10582 of 2024 decided on 25.09.2024) and A.S.
Trading Company Vs. Union of India and Ors (CWJC No.
17756 of 2024 and its analogous case decided on 25.04.2025).
3. Respondents have tried to distinguish Assam Supari
case cited above in para 4 of the supplementary counter affidavit
filed on behalf of respondent nos. 3, 4 and 5 highlighting certain
facts of the case. However, in para 4 of the supplementary
counter affidavit issue therein, was dealt by this Court in the
Patna High Court CWJC No.5832 of 2025 dt.24-07-2025
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case of A.S. Trading Company Vs. Union of India and Ors
(CWJC No. 17756 of 2024 decided on 25.04.2025) and
similarly in the case of Sukhdeo Singh and Ors Vs. Union of
India and Anr (CWJC No. 7999 of 2020 decided on
05.12.2025). Those later decisions have not been distinguished
in para 4 of the supplementary counter affidavit, therefore, we
are compelled to follow the earlier decisions read with the later
decisions to the extent of interferring with the impugned action
of the respondents in the present petition.
4. Accordingly, impugned Seizure Memo dated
23.11.2023 vide Annexure-P/5 is unsustainable and is,
accordingly, quashed and set aside.
5. The writ petition stands allowed.
(P. B. Bajanthri, J)
(S. B. Pd. Singh, J)
ranjan/-
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