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2026 DAILYLAW 13696 (GAU)

EDRISH ALI v. THE UNION OF INDIA AND 3 ORS

WP(C)/4879/2026 · 2026-09-06

Arun Dev Choudhury

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/3 GAHC010190832026 2026:GAU-AS:12889 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4879/2026 EDRISH ALI S/O ISMAIL HUSSAIN, RESIDENT OF VILLAGE- BARPETA TOWN, WARD NO. 15, P.O. SONKUCHI, DONAKUCHI, DISTRICT- BARPETA, ASSAM-781314. VERSUS THE UNION OF INDIA AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI-110001. 2:THE ADJUDICATING AUTHORITY/COMMISSIONER OF CUSTOMS CUSTOM HOUSE M.G. ROAD SHILLONG PIN-793000 MEGHALAYA. 3:THE ASSISTANT COMMISSIONER OF CUSTOMS GUWAHATI CUSTOMS DIVISION CHRISTIAN BASTI NILOMANI PHUKAN PATH GUWAHATI-781005 ASSAM. 4:THE INTELLIGENCE OFFICER DIRECTORATE OF REVENUE INTELLIGENCE GUWAHATI ZONAL UNIT MAINAAK TOWERS CHRISTIAN BASTI G.S. ROAD GUWAHATI Page No.# 2/3 ASSAM-781005 Advocate for the Petitioner : MR. M HUSSAIN, MR. N H BARBHUIYA Advocate for the Respondent : DY.S.G.I., SC, DRI,SC, CUSTOMS BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 07.09.2026 1. Heard Mr. N. H. Barbhuiya, learned counsel for the petitioner. Also heard Mr. S. C. Keyal, learned Standing Counsel for the Custom. 2. The grievance of the petitioner is limited to the non consideration of his application dated 06.08.2026 stated to have been filed before the competent authority under Section 110A of the Customs Act, 1962, seeking provisional release of the seized vehicle bearing registration No. AS-13-AC-5622. 3. In view of the limited nature of the grievance and as agreed to by the parties, this Court considers it appropriate, without entering into the merit of the petitioner’s claim for provisional release, to direct the competent authorities to consider and dispose of the application dated 06.08.2026 in accordance with law by a reasonable speaking order as expeditiously as possible within a period of 45 days from the receipt of a certified copy of this order passed today to be furnished by the petitioner before the adjudicating authority. Ordered accordingly. 4. While parting with the record, it is made clear that the Court has not expressed any opinion on the merits of the application and the competent authority shall be at liberty to consider the same on its own merits and in Page No.# 3/3 accordance with the provision of the Customs Act, 1962. 5. Accordingly, this writ petition stands disposed of. JUDGE Comparing Assistant