Gauhati High Court

WP(C)/4879/2026 of EDRISH ALI Vs THE UNION OF INDIA AND 3 ORS on 6 September 2026

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GAHC010190832026 2026:GAU-AS:12889 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4879/2026 EDRISH ALI S/O ISMAIL HUSSAIN, RESIDENT OF VILLAGE- BARPETA TOWN, WARD NO. 15, P.O. SONKUCHI, DONAKUCHI, DISTRICT- BARPETA, ASSAM-781314. VERSUS THE

GAHC010190832026

2026:GAU-AS:12889

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/4879/2026

EDRISH ALI

S/O ISMAIL HUSSAIN, RESIDENT OF VILLAGE- BARPETA TOWN, WARD

NO. 15, P.O. SONKUCHI, DONAKUCHI, DISTRICT- BARPETA, ASSAM-781314.

VERSUS

THE UNION OF INDIA AND 3 ORS

REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI-110001.

2:THE ADJUDICATING AUTHORITY/COMMISSIONER OF CUSTOMS

CUSTOM HOUSE

M.G. ROAD

SHILLONG

PIN-793000

MEGHALAYA.

3:THE ASSISTANT COMMISSIONER OF CUSTOMS

GUWAHATI CUSTOMS DIVISION

CHRISTIAN BASTI

NILOMANI PHUKAN PATH

GUWAHATI-781005

ASSAM.

4:THE INTELLIGENCE OFFICER

DIRECTORATE OF REVENUE INTELLIGENCE

GUWAHATI ZONAL UNIT

MAINAAK TOWERS

CHRISTIAN BASTI

G.S. ROAD

GUWAHATI

ASSAM-781005

Advocate for the Petitioner : MR. M HUSSAIN, MR. N H BARBHUIYA

Advocate for the Respondent : DY.S.G.I., SC, DRI,SC, CUSTOMS

BEFORE

HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

07.09.2026

1. Heard Mr. N. H. Barbhuiya, learned counsel for the petitioner. Also heard Mr. S. C. Keyal, learned Standing Counsel for the Custom.

2. The grievance of the petitioner is limited to the non consideration of his application dated 06.08.2026 stated to have been filed before the competent authority under Section 110A of the Customs Act, 1962, seeking provisional release of the seized vehicle bearing registration No. AS-13-AC-5622.

3. In view of the limited nature of the grievance and as agreed to by the parties, this Court considers it appropriate, without entering into the merit of the petitioner’s claim for provisional release, to direct the competent authorities to consider and dispose of the application dated 06.08.2026 in accordance with law by a reasonable speaking order as expeditiously as possible within a period of 45 days from the receipt of a certified copy of this order passed today to be furnished by the petitioner before the adjudicating authority. Ordered accordingly.

4. While parting with the record, it is made clear that the Court has not expressed any opinion on the merits of the application and the competent authority shall be at liberty to consider the same on its own merits and in accordance with the provision of the Customs Act, 1962.

5. Accordingly, this writ petition stands disposed of. JUDGE Comparing Assistant

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