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2020 (12) TMI 650 - HC - CustomsRefund of sale proceeds of the confiscated goods which were later sold in public auction - betel nuts - goods sold in public auction - sale proceeds of the betel nuts is cannot be released - HELD THAT:- It is palpably evident that the writ petitioner has failed to establish his ownership with regard to the seized goods (betel nuts). Merely because no one else came forward to claim ownership of the seized betel nuts does not ipso facto establish the writ petitioner's ownership or his right, title and interest over the betel nuts. This Court, under Article 226 of the Constitution of India, cannot go into the factual question of deciding ownership or whether the writ petitioner had absolute right, title and interest over the betel nuts. At every stage of the proceedings before the adjudicating authority as well as before the learned Tribunal, the writ petitioner could not establish his claim of ownership over the seized goods (betel nuts) with irrefutable evidence. This claim of the writ petitioner was clearly negated by the Commissioner of Customs (Preventive), North Eastern Region, Shillong, with the observation that such certificate/document only establishes that M/s Lapang Eco Products was engaged in supari/betel nuts business and this was not a conclusive proof of rightful ownership of the betel nuts under question. We are unable to grant such relief to the writ petitioner as prayed for. However, the writ petitioner is always at liberty to approach a competent civil forum in order to establish his claim of rightful ownership in respect of the seized betel nuts, which were later publicly auctioned - Petition disposed off.
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