Dismissed

Amresh Kumar Porp. Mukut Exim v. Commissioner Customs

Delhi HC6 Dec 2019W.P.(C)/4469/2019

Case brief

AI extract

What is this about?

The Court dismissed two writ petitions seeking release of seized goods. Observing that provisional release orders had already been passed, it held there was no ground to quash the original seizure. It directed the petitioners to approach appropriate forums if aggrieved by further actions under the Customs Act.

What did the court decide?

Writ petitions dismissed with a direction to approach appropriate forums for aggrievement by further actions.

Amresh Kumar Porp. Mukut Exim Vs Commissioner Customs — Writ and Judicial Review | Delhi HC (2019)

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$~17 & 18

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 6^th December, 2019

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- W.P.(C) 4469/2019

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AMRESH KUMAR PORP. MUKUT EXIM ..... Petitioner Through: Mr.Padam Kant Saxena, Adv. with Mr.Pramod Kant Saxena & Ms.Aeshna Dahiya, Advs.

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Versus

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COMMISSIONER CUSTOMS ..... Respondent Through: Mr.Amit Bansal, Adv. with Mr.Aman Rewaria, Adv. & Ms.Vipasha Mishra, Adv.

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- W.P.(C) 4529/2019

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NARENDERA KUMAR SAINI ..... Petitioner Through: Mr.Padam Kant Saxena, Adv. with Mr.Pramod Kant Saxena & Ms.Aeshna Dahiya, Adv.

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Versus

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COMMISSIONER CUSTOM AIR CARGO EXPORT NEW DELHI ..... Respondent Through: Mr.Amit Bansal, Adv. with Mr.Aman Rewaria, Adv. & Ms.Vipasha Mishra, Adv.

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CORAM:

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HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR

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O R D E R

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: D. N. PATEL, Chief Justice (Oral)

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These writ petitions have been preferred for release of the seized goods by the Custom Department. In W.P.(C) No.4469/2019 the seized goods relates to “polyester knitted boys shorts” and in

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W.P.(C)No.4529/2019 relates to “Herbal Heena Mehandi”, both meant for export. This seizure was made in both the cases on 08.10.2018.

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Looking to the facts and circumstances of the case and after hearing the learned counsel for both sides, it appears that the time limit to issue the show cause notice was extended on 04.04.2019.

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Learned counsel for the respondent submitted that on 30.09.2019, common show cause notices have been issued for the goods which were seized and no reply has been filed to these show cause notices till date.

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It is further submitted by learned counsel for the respondent that at the request of these petitioners, order for provisional release of the goods have also been passed by the respondent in both the cases vide orders dated 27.12.2018 & 12.02.2019.

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Since orders for provisional release of the goods have already been passed in both the cases, we see no reason to entertain these writ petitions for quashing of the seizure order dated 08.10.2018. The petitioners can always avail the benefits under the provisions of the Customs Act, 1962 and the Rules made thereunder, and as per policy floated by the respondent. If the petitioners are aggrieved by any further actions of the respondent, they can always initiate litigation before the appropriate forum in accordance with law.

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With these observations, these writ petitions are hereby dismissed.

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CHIEF JUSTICE

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C.HARI SHANKAR, J.

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DECEMBER 06, 2019/aa

Amresh Kumar Porp. Mukut Exim v. Commissioner Customs

Case brief

What is this about?

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Amresh Kumar Porp. Mukut Exim v. Commissioner Customs

Case brief

What is this about?

What did the court decide?

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