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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

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
                                                      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


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