A single bench disposed of several writ petitions filed under Article 226 of the Constitution of India seeking release of certain seized goods. Counsel for petitioners sought withdrawal after the respondent official offered provisional release proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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S.R.JOSHI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION
| WRIT PETITION NO. 10960 OF 2018 |
|
|---|---|
| Mr. Swan Infotec v/s. |
h Pvt. Ltd., .. Petitioner |
| Union of India & Others |
.. Respondents. |
| WITH WRIT PETITION NO.11161 OF 2018 |
|
| M/s. Link World v/s. |
Inc. .. Petitioner |
| Union of India | |
| & Others | .. Respondents. |
| WITH WRIT PETITION NO.11163 OF 2018 |
|
| M/s. DKS Digital v/s. |
India Pvt. Ltd., .. Petitioner |
| Union of India | |
| & Others | .. Respondents. |
| PYN Systems v/s. Union of India |
WITH WRIT PETITION NO.11164 OF 2018 .. Petitioner |
| & Others | .. Respondents. |
| WITH WRIT PETITION NO.11165 OF 2018 |
|
| Matrix Info Syste v/s. |
ms Pvt. Ltd., .. Petitioner |
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| Union of India & Others .. |
Respondents. |
|---|---|
| WITH WRIT PETITION NO.11166 OF 2018 |
|
| M/s. Anubhav Enterprises .. v/s. |
Petitioner |
| Union of India | |
| & Others .. |
Respondents. |
WITH
| WRIT PETITION NO.11167 OF 2018 | |
|---|---|
| M/s. Vardhaman v/s. |
Jute Agencies .. Petitioner |
| Union of India | .. Respondent. |
WITH
| WRIT PETITION NO.11292 | OF 2018 | |
|---|---|---|
| M/s. Vansh Ente v/s. |
rprises | .. Petitioner |
| Union of India | .. Respondent. |
Dr. Sujay Kantawala with Mr. Kartik Vig and Ms. Poorva Patil i/b. Ashwini Kumar Prabhkar, for the Petitioner in all the Petitions. Mr. Pradeep S. Jetly, for the Respondent in all the Petitions.
| CORAM: M.S.SANKLECHA & | |
|---|---|
| RIYAZ I. CHAGLA, JJ. | |
| DATE : 31stOCTOBER, 2018. | |
| P.C:- |
At the request of the parties, all these Petitions are being disposed of finally, at the stage of admission.
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2 All these Petitions under Article 226 of the Constitution of India, seek release of the computer cabinet for PC powers, supply and PCB along with accessories (the said goods) in respect of which, Bills of Entries have already been filed as far back as in May and June, 2018.
3 Mr. Jetly, learned Counsel for the Respondents state that, as per investigation done by the Respondents, the said goods, prima facie, appears to be not importable. Thus, the said goods have been seized on 14th September, 2018. In the aforesaid circumstances, Mr. Jetly, learned Counsel for the Respondents state that, show cause notice would be issued in due course, after investigations are completed in respect of the bills of entry filed.
4 However, on Section 110-A of the Customs Act, 1962 being pointed out, Mr. Jetly, on instructions, states that, if a representation is made by the Petitioner, seeking provisional release of the goods under Section 110-A of the Act, then the same would be disposed of after granting personal hearing to the Petitioner within a period of four weeks from the date of applications are filed, by a speaking order.
5 In view of the statement made on behalf of the Respondent, Mr. Kantawala, learned Counsel in support of these Petitions, on instructions, seek to withdraw all these Petitions.
6 All these Petitions are disposed of as withdrawn.
(RIYAZ I. CHAGLA,J.) (M.S.SANKLECHA,J.)
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1 issue framed by the court
Whether these writ petitions claiming release of seized goods be discharged upon withdrawal by the petitioner.
2 provisions across 2 enactments
Mr. Swan Infotec Mr. Link World Inc. M/s. DKS Digital India Pvt. Ltd. PYN Systems M/s. Matrix Info Systems Pvt. Ltd. M/s. Anubhav Enterprises M/s. Vardhaman M/s
Union of India
M.S. Sanklecha
Riyaz I. Chagla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
