Prabhat Kumar v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5990 of 2019 ====================================================== Prabhat Kumar, aged about 21 years, Gender Male, S/O Subodh Kumar Singh Ward No. 6, Kuari Madan, Majorganj, Distt.- Sitamarhi, Bihar ... ... Petitioner

Versus

1.

The Union of India Through the Commissioner of Customs, C.R Building , B.C Patel Path, Patna 2.

The Additional Commissioner of Custom (P) C.R Building, B.C Patel Path, Patna 3.

The Assistant Commissioner of Customs (P) Customs Division, Muzaffarpur 4.

The Superintendent(P) Customs Division, Muzaffarpur 5.

The Seizing Officer Customs Division, Muzaffarpur ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Shri Prakash Tiwari, Adv.

For the Respondent/s :

Mr. S.D. Sanjay, Addl. Solicitor General Mr. Anshay Bahadur Mathur , CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 03-07-2019 Heard learned counsel for the parties.

A peculiar stage at which this writ petition stands is noted in our order dated 2.5.2019, wherein we have noted the appearance of the petitioner to disown filing of the writ petition. It is because a seizure had been carried out and a statutory proceeding initiated that we allowed the Commissioner of Customs to conclude the exercise and it is for this purpose that this matter was adjourned and has been taken today when Mr. S.D.Sanjay, learned Addl. Solicitor General appearing with Mr.

Patna High Court CWJC No.5990 of 2019(5) dt.03-07-2019 2/2 A.B.Mathur, learned counsel for the Customs Department while filing a supplementary counter affidavit informs that the investigation is still going on and would be taking some time. In view of the status of the investigation explained at paragraph-14 onwards of the supplementary counter affidavit and since the petitioner disowns this writ petition, for the present, we would only direct the Commissioner of Customs to ensure that the investigation is concluded expeditiously but in accordance with law and with due opportunity of representation to all connected.

The writ petition is disposed of with the observations above.

(Jyoti Saran, J) ( Partha Sarthy, J) Anjula/Surendra U