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1997 DIGILAW 478 (MP)

Avadesh Kumar v. Cc And Ce

1997-08-08

DEEPAK VERMA

body1997
ORDER Deepak Verma, J. 1. This Order shall also govern disposal of all the following petitions, which raise common questions of fact and law:W.P. No. 1171/97 (Sukhdev Singh v. Commissioner of Customs and Central Excise), W.P. No. 1172/97 (Rampal v. Commissioner of Customs and Central Excise), W.P. No. 1173/97 (Vinod Kumar v. Commissioner of Customs and Central Excise), W.P. No. 1174/97 (Ramesh Kumar v. Commissioner of Customs and Central Excise), W.P. No. 1175/97 (Rajesh v. Commissioner of Customs and Central Excise), W.P. No. 1176/97 (Suresh Kumar v. Commissioner of Customs and Central Excise), W.P. No. 1177/97 (Babu v. Commissioner of Customs and Central Excise) and W.P. No. 1178/97 (Omprakash v. Commissioner of Customs and Central Excise). 2. All these petitions have been filed by the Drivers of the Tankers in which Molasses was being transported from different places to the factory of M/s. Kedia Great Galeon Ltd., at Sejwaya (Ghata Billod) Distt. Dhar (M.P.) Petitioners have submitted that the said Molasses and the tankers could not have been seized. Advantage of Finance Bill No. 1997/1998 issued by the Government of India and especially to Rule 7A of the Central Excise Rules, 1944 is sought to be taken. Pursuant to the seizure the petitioners have submitted their representations. 3. Shri B.G. Neema appearing for respondent on advance copy submitted that Order with regard to provisional release of all the nine tankers involved in this petition, on execution of B-11 Bond separately for each tanker for Rs. 3.00 lakhs and cash security/bank guarantee of Rs. 5000/- for each tanker together with Molasses has been passed. On furnishing of the said bond, as directed by the Commissioner, the Tankers and the Molasses would be released. Therefore, nothing survives in this matter. Shri Neema has also submitted that, this Order with regard to provisional release has been passed by the Commissioner on 8.8.1997 and on furnishing of the bond as directed in the said Order, the tankers together with Molasses would be released. In this view of the matter, no orders on this petition and the connected petitions are required to be passed. 4. Shri Neema has raised the preliminary objection with regard to maintainability of these petitions, on the ground that Driver has no locus standi to pray for any such relief. In this view of the matter, no orders on this petition and the connected petitions are required to be passed. 4. Shri Neema has raised the preliminary objection with regard to maintainability of these petitions, on the ground that Driver has no locus standi to pray for any such relief. He submitted that, it is worth noting that the petitioner has neither been preferred by the owner of the tankers nor by the owner of the Molasses. However, in view of the fact that, petitioners' representations (Annexure P. 2) are still pending with the Authority concerned, the same may be disposed of and the respondent shall be at liberty to take this objection as well with regard to maintainability of the representations filed on behalf of the present petitioners. Let the representations be disposed of by the Authority concerned within a period of 30 days from today. 5. In this view of the matter, I leave the parties to bear their own costs. A copy of this order shall be kept in other connected petitions, c.c. on charges.