Remanded

Sujith Raman Nambiar v. Commissioner of Customs

Kerala HC10 Apr 2019WP(C)/5662/2019

Case brief

AI extract

What is this about?

This High Court of Kerala issued a direction to complete the customs adjudication of the petitioner's imported vehicle within four months from the date of receipt of this order, emphasizing the need to provide a reasonable opportunity of hearing under the Customs Act.

What did the court decide?

Direction to complete adjudication within four months from the receipt of the order copy.

Sujith Raman Nambiar Vs Commissioner of Customs — Company and Corporate | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE S.V.BHATTI

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WEDNESDAY, THE 10TH DAY OF APRIL 2019 / 20TH CHAITHRA, 1941

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WP(C).No. 5662 of 2019

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PETITIONER/S:

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SUJITH RAMAN NAMBIAR AGED 32 YEARS S/O. SHRI. MAVILA RAMAN NAMBIAR, R/O. THOTTIYIL HOUSE, PALICHIYADUKKAM, PERUMBALA, KASARAGOD-671 317

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BY ADVS. SRI.P.A.AUGUSTIAN SMT.CIMY VARGHESE SMT.LINDA.M.J. SRI.M.A.BABY

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RESPONDENT/S:

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1 COMMISSIONER OF CUSTOMS CUSTOMS HOUSE, WILLINGTONE ISLAND, COCHIN-682 009

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2 SHRI. ANIL KUMAR, APPRAISING OFFICER (IMPORT), CUSTOMS HOUSE, WILLINGTONE ISLAND, COCHIN-682 009

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BY ADVS. SRI.P.R.SREEJITH SRI.P.R.SREEJITH, SC, CENTRAL BOARD OF EXCISE AND CUSTOMS

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.04.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 5662/2019

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J U D G M E N T

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Heard Sri P.A. Augustian, the learned counsel for the petitioner and Sri P.R. Sreejith, the learned Standing Counsel for the respondents.

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2. The petitioner prays for the following reliefs:

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“I) issue a writ in the nature of certiorari or any other appropriate writ, order or direction to call for the records leading to Ext.P- and set aside the same;

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II) To issue a writ of mandamus or any other writ, direction or order, directing the respondent to allow clearance of the case imported by the petitiner under Bill of Entry No.8820572 dated 12.11.18.

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III) grant such other reliefs that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, And

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award the cost of the proceedings to the petitioner.”

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3. The respondents have filed counter affidavit. The

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pleadings are complete. Sri P.A. Augustine contends that the

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W.P.(C) No. 5662/2019

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Department is withholding every action as on date against the vehicle imported by the petitioner. In other words the respondents are expected to complete adjudication under Section 124 of the Customs Act expeditously. He submits that the adjudication could be completed within two months from the date of receipt of a copy of this judgment.

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The learned Standing Counsel having regard to the nature of investigation the Department is undertaking, submits that two months' time is too unrealistic and the direction from

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this Court may also lead to inchoate enquiry or passing adjudicatory order. He suggests six months' time for completing the enquiry.

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After hearing both the counsel, this Court is of the view that the respondents can be directed to complete the adjudication within four months from the date of receipt of copy of this order. In the enquiry the petitioner is heard and

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W.P.(C) No. 5662/2019

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reasonable opportunity provided in accordance with Customs Act.

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The writ petition ordered accordingly.

Sd/-

S.V.BHATTI

JUDGE

jjj

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE INVOICE NO.1175233 DATED 15.05.18 EXHIBIT P2 TRUE COPY OF THE BILL OF LADING NO.PALKEACCH 29172 DATED 29.05.18

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EXHIBIT P3 TRUE COPY OF THE LETTER DATED 8/6/18 WITH ENDORSEMENT REGARDING APPROVAL EXHIBIT P4 TRUE COPY OF THE CHECK LIST DATED 12/6/2018 EXHIBIT P5 TRUE COPY OF THE ORDER DATED 05.07.18 IN WRIT PETITION (C) NO.21663 OF 2018 EXHIBIT P6 TRUE COPY OF THE LETTER DATED 06.07.18 EXHIBIT P7 TRUE COPY OF THE CHECK LIST FILED ON 06.08.18 EXHIBIT P8 TRUE COPY OF THE LETTER DATED 24.09.18

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W.P.(C) No. 5662/2019

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EXHIBIT P9 TRUE COPY OF THE STATEMENT FILED BY THE FIRST RESPONDENT EXHIBIT P10 TRUE COPY OF THE CHECK LIST DATED 30.10.18 EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 15.11.18 EXHIBIT P12 TRUE COPY OF THE LETTER DATED 30.11.18 EXHIBIT P13 TRUE COPY OF THE LETTER DATED 14.01.19 EXHIBIT P14 TRUE COPY OF THE LETTER DATED 15.01.19 EXHIBIT P15 TRUE COPY OF THE ORDER DATED 07.02.19 EXHIBIT P16 TRUE COPY OF THE JUDGMENT DATED 08.02.19 IN W.A.NO.195/2019 EXHIBIT P17 TRUE COPY OF THE SUMMONS DATED 11.02.19 EXHIBIT P18 TRUE COPY OF THE CIRCULAR F NO.715/7/2005-CUS (AS EXHIBIT P19 TRUE COPY OF THE LETTER DATED 17.01.19 RESPONDENT'S EXHIBITS

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EXHIBIT R1(A) TRUE COPY OF ITC(HS) CHAPTER 87 SCHEDULE 1 IMPORT POLICY OF SECOND HAND/USED VEHICLE APPLICABLE TO THE ABOVE IMPORT.

Sujith Raman Nambiar v. Commissioner of Customs

Case brief

What is this about?

What did the court decide?

Sujith Raman Nambiar v. Commissioner of Customs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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