Patna High Court
Guru Charan Singh PuniyaversusThe Union of India
- Decided
- Disposal
- DISPOSED
Holding
The Court held that it may direct the concerned Customs authority to dispose of the pending provisional release application within a reasonable time.
Summary
The petitioner, Guru Charan Singh Puniya, filed a writ petition in the Patna High Court seeking the provisional release of a Tata LPT truck (Reg. No. ML 04 F-7788) seized on 16-10-2025 under Unit Case No. 11/2025-26. The seizure was effected by the Customs (Preventive) authorities, and the petitioner had filed an application for provisional release under Section 110(A) of the Customs Act, 1962 on 11-12-2025, which remained pending. The petitioner requested the Court to direct the Additional/Joint Commissioner of Customs (Preventive), Patna, to dispose of the application. The respondents indicated no objection to such a direction. The Court ordered the respondent to pass a reasoned speaking order disposing of the application within six weeks, thereby disposing of the writ petition on those terms.
Issues considered
- Whether the High Court can direct the Additional/Joint Commissioner of Customs (Preventive) to dispose of a pending application for provisional release under Section 110(A) of the Customs Act, 1962.
Legislation cited
- Customs Act, 1962 — s. 110(A)
Subjects
- Customs seizure
- Provisional release
- Section 110(A)
- Writ petition
- High Court direction
- Customs Act 1962
Judgment
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)
2 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
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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
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