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2012 (2) TMI 607 - HC - CustomsDetention and seizure of betel nuts - the impugned order was shown to have been made on 07.06.2011 at 18.00 hrs. although the trucks and their drivers were detained on 06.06.2011 itself while the drivers had parked their trucks at the Petrol Pump for taking tea, but the said trucks and drivers were produced before the Magistrate on 09.06.2011 - Held that: - The documents on record clearly show that the petitioner was not only the consignor but also the transporter of articles in question arranging the trucks from Mandies for reaching betel nuts to their destinations, namely to the consignee - this court has no option but to come to the conclusion that the impugned order of detention and seizure of betel nuts and the trucks on which it was loaded are illegal, arbitrary and perverse. Furthermore, the impugned confiscation notice dated 18.11.2011 issued u/s 124 of the Act during the pendency of this writ petition is based merely on the aforesaid seizure, which has already been held to be illegal, arbitrary and perverse and hence when the base, namely the seizure goes every structure thereon including the confiscation notice also will have to follow - petition allowed - decided in favor of petitioner.
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