This court referred to a related order and granted conditional relief by directing the petitioner to execute a bond and furnish a bank guarantee to obtain provisional release of detained goods, keeping merits open.
Provisional release of goods upon execution of bond (150% of value) and bank guarantee (30% of duty) within two weeks.
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.
908-WP-253-18.doc
SKC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 253 OF 2018
Unique Spices versus
Union of India & Anr.
..Petitioner
..Respondents
Mr. Sujay Kantawala with Anupam Dhige, Brijesh Pathak, Chandni Tanna, Bhakti Date and Kartik Vig i/b. India Law Alliance for Petitioner. Mr. Pradeep Jetly for Respondents.
CORAM: S. C. DHARMADHIKARI & SMT. BHARATI HARISH DANGRE, JJ.
DATE : 17TH JANUARY, 2018
P. C. :
1] After having heard both sides, we find that the controversy and issue in this petition is identical to the one decided except for the name and description of the goods.
2] In Writ Petition No.11747 of 2017 (M/s. Unik Traders vs. Union of India & Ors.) which has been disposed of by us on 11th January 2018, we have dealt with the import of Areca nuts. Here the goods involved or the consignment which is detained is of black pepper. That is not according to the respondents subjected to a lower rate of duty or full exemption. The benefit can be enjoyed only by goods which are of Sri Lankan origin. Whereas on investigation and testing samples in the present consignment, the goods have turned out to be of Vietnam origin. The investigations are yet not over. However, it is stated that the Revenue
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908-WP-253-18.doc
SKC
would ensure due compliance with law and in other cases here as well provisional release has been ordered.
3] We had balanced the rights and equities in the case of Unik Traders (supra). In this case as well we propose to grant a conditional relief and dispose of the writ petition by passing the following order:
a] On the petitioner executing a bond equal to 150% of the value of the goods and furnishing a bank guarantee in the sum equivalent to 30% of the Duty both within a period of two weeks, the Competent Authority shall pass an order on the pending application seeking a detention certificate and release the goods in favour of the petitioner. The bank guarantee shall be kept alive till final orders of the Competent Authority;
b] Needless to clarify that this would be without prejudice to the rights and contentions of both sides, particularly on the merits of the controversy;
c] While disposing this petition with these directions, we clarify that we have not expressed any opinion on the rival contentions on the issues and they are kept open.
4] The petition is disposed of accordingly.
(SMT. BHARATI H. DANGRE, J.) (S. C. DHARMADHIKARI, J.)
Chandka
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1 issue framed by the court
Whether the petitioner is entitled to provisional release of detained goods by executing a bond and bank guarantee.
Colour shows how this judgement treated each authority
Writ Petition No.11747 of 2017 (M/s. Unik Traders vs. Union of India & Ors.)Referred¶2
Unique Spices
Union of India
S. C. Dharmadhikari
Bharati Harish Dangre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
