High CourtsDivision Bench(1991) 03 AHC CK 0025

Parasrampuria Trading and Finance Pvt. Ltd. vs Collector of Central Excise and Another

Allahabad High Court · Decided on 12 March 1991 · Citation: (1992) 91 ECR 171

HON’BLE JUDGES
B.P. Jeevan Reddy, C.J · S.R. Singh, J
CASE NUMBER
Civil Miscellaneous Writ Petition No. 412 of 1991

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Judgment

4 paragraphs · 252 words

B.P. Jeevan Reddy, C.J.—Certain quantity of cigarettes, which the petitioner claims as belonging to him, were seized while they were being unloaded, from van No. U.A.N. 8728 at Kanpur. The seizure was on 16.12.1990 vide Panchnama/Recovery Memo of the said date. It says that the cigarettes and the Matador Van were seized for breach of provisions of the Central Excise law and Rules framed thereunder.

2.

The petitioner''s case no doubt is that he is not guilty of any violation. He has put forward certain explanation about the correctness of which, we cannot express any opinion. Suffice it to say that the petitioner has relied on Rule 206(3) of the Central Excise Rules. Indeed, he says that the petitioner has filed an application on 27.2.1991 for release of the goods under Rule 206(3). We cannot, however, say that the authority, before whom the said application has been filed is guilty of unreasonable delay in disposing of the said application. The application was filed hardly about twelve days ago. In the circumstances, the proper course is to direct the excise authorities Assistant Collector, Central Excise (C.P.) Sarvodaya Nagar, Kanpur to pass orders on the said'' application dated 27.2.1991 within a period of two weeks from a date of certified copy of this order is produced by the petitioner before him.

3.

The writ petition is disposed of with the above directions. No costs.

4.

Copy of this order may be given to the petitioner''s counsel within three days on payment of usual charges.