Union of India (UOI) vs The State of Bihar and Others

Ravi S. Dhavan, C.J. and S.K. Singh, J.—The Union of India, the Assistant Collector. Muzaffarpur has filed this petition, in effect seeking a declaration from the Court that the proceedings initiated and registered as Case No. 356 of 1992 (Nandlal Prasad v. Assistant Collector, Custom. Muzaffarpur) be quashed, as being without jurisdiction.

Notice was issued on this petition. Respondent No. 3 is not attending the proceedings when this matter has been called to hearing. Otherwise the Court has no hesitation in declaring that of any search and seizure which has been made by the Union of India, the department of customs under the Customs Act, 1962, the power in any case has been given by the enactment under Chapter XIV: Confiscation of Goods and Conveyances and Imposition of Penalties. While the person who receives a notice under the Customs Act, 1962 has the opportunity to offer his defence, the burden of proof u/s 123 is on the person from whose possession the goods were seized. The Act has provided a complete procedure for adjudication. The proceedings before the Consumer Forum under the Consumer Protection Act, 1986 are indeed without jurisdiction and are certified thus, in the context of this matter, and are quashed by a writ of certiorari. The proceeding number as Case No. 356/92 in the matter relating to Nandlal Prasad v. Assistant Collector, Customs, Muzaffarpur stands quashed.

The petition is allowed with cost.