Guru Charan Singh Puniya v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.969 of 2026 ====================================================== Guru Charan Singh Puniya, Male, Son of Haru Ram, permanent resident of Pooniyan Ka Bas, P.O. - Beedasa, P.S.- Beedasa, District Sikar, Rajasthan at present residing at Loomsooiung New Hill, District West Jaintia Hill, Meghalaya.
... ... Petitioner/s
Versus
1.
The Union of India through Secretary, Ministry of Finance, Government of India, New Delhi.
2.
The Chairman, Central Board of Excise and Customs, New Delhi. 3.
The Chief Commissioner of Customs, Patna Preventive Circle, Central Revenue Building, Birchand Patel Path, Patna, Bihar. 4.
The Commissioner, Customs (Preventive) HQRS, Patna, 5th Floor, Central Revenue Building , Birchand Patel Path, Patna, Bihar. 5.
The Additional /Joint Commissioner, Office of Commissioner of Customs (Preventive) HQRS, Patna, 5th Floor, Central Revenue Building, Birchand Patel Path, Patna, Bihar.
6.
The Superintendent of Customs (Preventive) Headquarter, Office of Commissioner of Customs (Preventive) HQRS, Patna, 5th Floor, Central Revenue Building, Birchand Patel Path, Patna, Bihar. 7.
The Inspector of Customs (Preventive) Headquarter Cum Seizing Officer, Office of Commissioner of Customs (Preventive) HQRS, Patna, 5th Floor, Central Revenue Building, Birchand Patel Path, Patna, Bihar. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Ranjan, Advocate For the Respondent/s :
Mr. Amit Pandey, Sr. SC (CGST/Customs) Mr. D.S. Singh, Jr. SC (CGST/Customs) Mr. Rakesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) 04-02-2026 The present writ petition has been filed seeking the
Patna High Court CWJC No.969 of 2026(2) dt.04-02-2026 2/3 following reliefs:- (i) Commanding upon the Respondents to provisionally release the TATA LPT Truck bearing Registration No. ML 04 F-7788 seized vide Seizure Memo dated 16.10.2025 corresponding to Unit Case No. 11/2025 in terms of Section 110 (A) of the Customs Act, 1962;
and/or (ii) Commanding upon the Respondents to dispose of the Provisional Release Application dated 11.12.2025 which has been filed under Section 110 (A) of the Customs Act, 1962 and which is pending since then.
2. At the outset, the learned counsel for the petitioner seeks a direction upon the Additional/Joint Commissioner, Office of the Commissioner of Customs (Preventive) Headquarters, Patna, Bihar i.e. the respondent No.5 to dispose of the application filed by the petitioner on 11.12.2025 for release of the seized vehicle i.e. TATA LPT Truck bearing Registration No. ML 04 F-7788 which has been seized in connection with Unit Case No. 11/2025-26, dated 16.10.2025 instituted by the Inspector (Preventive), Office of the Pr. Commissioner of Customs (Preventive), Patna.
3. We have put a query to the leaned counsel for the respondents as to whether he has any objection to a direction
Patna High Court CWJC No.969 of 2026(2) dt.04-02-2026 3/3 being issued to the respondent No.5 to dispose of the application filed by the petitioner for provisional release of the vehicle in question, to which the answer is in the negative.
4. Accordingly, we direct the respondent No.5 to dispose of the aforesaid application dated 11.12.2025 filed by the petitioner for provisional release of the vehicle in question by passing a reasoned and a speaking order, in accordance with law, within a period of six weeks from today.
5. The writ petition stands disposed of on the aforesaid terms.
(Mohit Kumar Shah, J) (Alok Kumar Pandey, J) GAURAV S./- U