BIMALENDU ROY v. THE COMMISSIONER OF CUSTOMS (PREVENTIVE) NORTH EASTERN REGION, SHILLONG.
WP(C)/393/2024 · 2025-05-09
H S Thangkhiew
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 1259 (MEG) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1259 (MEG) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 05 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG
WP(C) No. 393 of 2024
Date of Decision: 09.05.2025
Shri Bimalendu Roy
… Petitioner(s)
Versus
The Commissioner of Customs (Preventive), North Eastern Region, CUSTOM HOUSE, 110 M.G. Road, Shillong-793001, Meghalaya
… Respondent(s)
Coram: Hon’ble Mr. Justice H. S. Thangkhiew, Judge
Appearance: For the Petitioner(s) : Mr. N. Dasgupta, Adv. with
Ms. A. Synrem, Adv.
For the Respondent(s) : Dr. N. Mozika, DSGI with
Ms. M. Myrchiang, Adv.
i) Whether approved for reporting in
Yes/No
Law journals etc:
ii) Whether approved for publication
Yes/No
in press:
2025:MLHC:375
(ORAL)
1. This writ petition has been preferred for refund of Security Deposit made toward provisional release of 3(three) Trucks, seized in connection with the seizure of betel nuts, which were suspected to be smuggled goods.
2. In the course of the proceedings before the Customs authorities, which had also travelled before this Court, and on the finding that the betel nuts could not be proven to be smuggled, the matter thereby was closed. The only issue raised in this writ petition is for refund of the Security Deposit, which had been furnished by the petitioner for Vehicle No. ML-05-3857 and ML-05-3867 and of his son’s Vehicle being AS- 24C-2275.
3. As the final order has been passed setting aside the seizure of betel nuts as pleaded in the case, it is but natural corollary that the Security Deposit, which has been furnished also should be refunded to the petitioner.
4. It is noted that Shri Sujit Roy, though stated to be the son of the writ petitioner is not before this Court and a prayer has been made on his behalf by his father, the writ petitioner. However, Shri Sujit Roy, not being joined as a formal party, no relief can be forthcoming in the instant 2025:MLHC:375
writ petition. As regards the writ petitioner’s case, the respondents are
directed to refund or release the entire Security Deposit, which has been furnished at the time of provisional release of the Vehicles of the above- mentioned name.
5. It is expected that the entire process shall be completed as expeditiously as possible.
6. The matter stands closed and is accordingly disposed of.
JUDGE
Meghalaya 09.05.2025
“V. Lyndem-PS”
2025:MLHC:375 Digitally signed by VALENTINO LYNDEM Date: 2025.05.09 04:55:51 IST