B.S. Roy has granted a Rule Nisi of Certiorari and a Rule
Nisi of Mandamus directed to the Commissioner-General of
the Revenue Authority, calling on him to show cause why
his decision to seize the property of Berbice businessman
Anand Kumar Matadeen should not be quashed.
The judge further ordered that an Order or Rule Nisi of
Mandamus be also issued and directed to the
Commissioner-General of the Revenue Authority, to show
cause why he should not return Matadeen's property on the
grounds of excess or lack of Jurisdiction
The Judge's Order was the result of an application for the
orders prayed for by Anand Kumar Matadeen, a businessman
of 1C Belvedere Road, Corentyne.
Attorney-at-law Mr Basil Williams
filed the Notice of Motion to the effect.
In his affidavit in support of the Originating Notice of
Motion, Matadeen said that he was a businessman and
operated a Western Union and Bill
Express Office, a travel
service, a parlour and
grocery store at the abovementioned address.
Matadeen claimed that on July 15, 2004, four members of
the Berbice Anti-Smuggling Squad
(BASS) entered his business
premises and unlawfully seized and carried away a quantity
The seized property, he said, included confectionery,
orange juice and a CPU for a computer. The items had a
total value of $386,000.
items had a total value of $386,000
The Judge granted the Orders after hearing arguments in
Chambers from Mr. Basil Williams for the applicant.
Further hearing was fixed for September 25, 2004. (George
September 16, 2004