In this appeal against a single Judge order dismissing a writ petition challenging confiscation of imported goods, the High Court held that the court need not interfere as the alternate statutory remedy of appeal is available and efficacious.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE S.V.BHATTI
&
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 5TH DAY OF JULY 2021 / 14TH ASHADHA, 1943
WA NO. 832 OF 2021
AGAINST THE JUDGMENT IN WP(C) 12654/2021 OF HIGH COURT OF KERALA, ERNAKULAM
APPELLANT/PETITIONER:
M/S.KELHOMEIMPEX PEEDUKAYIL BUILDING, 1/514 I,
ALUVA,
ERNAKULAM, KERALA-683 101, REPRESENTED BY ITS MANAGING PARTNER SHRI.NOUSHAD M.M.
BY ADVS. M.BALAGOPAL R.SREEJITH R.DEVIKA (ALAPPUZHA)
RESPONDENT/RESPONDENT:
THE COMMISSIONER OF CUSTOMS CUSTOM HOUSE, WILLINGDON ISLAND, COCHIN, PIN-682 009
BY ADV SRI.THOMAS MATHEW NELLIMOOTTIL, SC, CENTRAL BOARD OF EXCISE & CUSTOMS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-:2:-
W.A. No.832/21
JUDGMENT
Dated this the 5th day of July, 2021
Bechu Kurian Thomas, J.
Import of goods by the appellant under the title ‘Hand Mixer’ and its spare parts were objected to by the Customs on the ground that the goods imported were not ‘Hand Mixer’ but were ‘Hand Held Blenders’. By the impugned order in the writ petition, the Commissioner of Customs directed confiscation of the goods and also gave an option to the importer to redeem the goods on payment of fine under section 125 of the Customs Act, 1962 (for short ‘the Act’) solely for the purpose of re-export. A penalty was also imposed upon the importer under section 112(a) of the Act.
W.A. No.832/21
-:3:-
any interference. Appellant has only been relegated to the statutory remedy of appeal. No prejudice is caused on account of the said relegation. No circumstance exist for this Court to interfere in the extraordinary jurisdiction under Article 226.
This writ appeal is dismissed with the above observations.
Sd/-
S.V.BHATTI JUDGE
Sd/-
BECHU KURIAN THOMAS JUDGE
vps
/True Copy/ PS to Judge
1 issue framed by the court
Whether the High Court can interfere under Article 226 when the appellant has an efficacious statutory remedy of appeal under section 129A(1) of the Customs Act, 1962?
M/S. KELHOME IMPEX PEEDUKAYIL BUILDING (REPRESENTED BY SHRI. NOUSHAD M.M.)
COMMISSIONER OF CUSTOMS CUSTOM HOUSE, WILLINGDON ISLAND, COCHIN
S.V. BHATTI
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
