Patna High Court
Bagra and SonsversusThe Union of India
- Decided
- Disposal
- DISPOSED
Holding
The court directed the Additional/Joint Commissioner to dispose of the pending application for provisional release within six weeks, with a reasoned order.
Summary
Bagra and Sons filed a writ petition seeking the provisional release of 34,650 kg of betel nuts seized by customs under Section 110(A) of the Customs Act, 1962. The petitioner had filed an application for release on 11 December 2025, which remained pending without a reasoned order. The petition argued that the unexplained delay violated the statutory requirement for timely disposal of such applications. The Patna High Court examined whether the customs authorities were obligated to dispose of the application within a reasonable period. It held that the authorities must pass a reasoned order within six weeks from the date of the order. Accordingly, the court directed the Additional/Joint Commissioner (Respondent No. 5) to dispose of the application within six weeks. The writ petition was disposed on these terms.
Issues considered
- Whether the customs authorities are required to dispose of a pending application for provisional release under Section 110(A) of the Customs Act, 1962 within a reasonable time
- Whether the petitioner is entitled to provisional release of the seized betel nuts pending disposal of the application
Legislation cited
- Customs Act, 1962 — s. 110(A)
Subjects
- Customs Act 1962
- Section 110(A)
- provisional release
- seizure of goods
- betel nuts
- writ petition
- delay in disposal
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1529 of 2026
======================================================
Bagra and Sons having its Principal place of business at Vijay Nagar, Dakhala
Road, District Kamrup, Assam through its Proprietor Amit Kumar Jain, aged
about 40 years, Male, son of Sri Pradeep Kumar Jain, resident of Vijoy Nagar,
P.S.- Vijoy Nagar, District Kamrup, Assam.
... ... 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. Anshuman Singh, Sr. SC, Customs
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
2 13-03-2026 The present writ petition has been filed seeking the
following reliefs:-
“1.(i) Commanding upon the Respondents to
provisionally release the seized betel nuts
Patna High Court CWJC No.1529 of 2026(2) dt.13-03-2026
2/3
weighing altogether 34,650 Kgs packed in 495
bags and seized vide Seizure Memo dated
16.10.2025 corresponding to Unit Case No.
11/2025-26 in terms of Section 110 (A) of the
Customs Act, 1962; and/or
(ii) Commanding upon the Respondents to
dispose of the application for Provisional
Release dated 11.12.2025, which has been filed
under Section 110 (A) of the Customs Act, 1962
and 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
off the application filed by the petitioner on 11.12.2025 for
release of 495 bags of betel nuts 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. Having regard to the limited prayer made by the
Ld. Counsel for the petitioner, as aforesaid, we deem it fit and
proper to direct the respondent no. 5 to dispose off the aforesaid
application dated 11.02.2025, filed by the petitioner for release
of 495 bags of betel nuts, by passing a reasoned and a speaking
order, in accordance with law, within a period of six weeks from
Patna High Court CWJC No.1529 of 2026(2) dt.13-03-2026
3/3
today, in case no final order has yet been passed on the said
application.
4. The writ petition stands disposed off on the
aforesaid terms.
(Mohit Kumar Shah, J)
(Arun Kumar Jha, J)
S.Sb/-
U
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