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2025 DAILYLAW 1259 (MEG)

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

Judgment text

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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