The High Court permitted the petitioner to prefer an alternative appeal under the statutory procedure instead of adjudication by way of certiorari, leaving the facts and law open.
Permission granted to prefer an appeal within four weeks to avoid limitation issues.
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 JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19500 of 2019
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M/s K. K. Trading and Co., Main Road, Jogbani through its Proprietor Kundan Kumar Poddar, Aged about 37 Years, Male, S/o Shri Indradeo Poddar, Resident of Ward No. 4, Jogbani, Haripur, Araria, Bihar- 854328
... ... Petitioner/s
Versus
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Amit Pandey, Advocate For the Respondent/s : Dr. K.N.Singh, A.S.G. Mr. Anshuman Singh, Sr. SC, Customs. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 25-01-2023
Petitioner has prayed for the following
relief(s):-
“i) To issue a writ in the nature of certiorari for quashing the Order-in-Original No. 16Cus/ADC/JBN/2019-20 dated 09.07.2019 passed by the Additional Commissioner of Customs(Prev),
Patna High Court CWJC No.19500 of 2019 dt.25-01-2023 2/3
Patna whereby and whereunder Fresh Ginger as evaluated at Rs. 93,26,381/- imported by the petitioner from Nepal have been ordered for confiscation under Section 111(d) of the Customs Act, 1962 and a redemption fine of Rs. 15,00,000/have been imposed upon the petitioner as the goods have already been cleared for home consumption and also a penalty of Rs. 9,00,000/- have been imposed upon the petitioner under Section 112(a) of the Customs Act, 1962, in utter disregard to the transitional provisions of the Foreign Trade Policy 2015-20 and the Indo-Nepal Treaty on Trade, and as such without authority of law; And/or
ii) To grant any other relief or reliefs to which the petitioners is entitled in the facts and circumstances of the case.”
After the matter was heard for some time, learned counsel for the petitioner seeks permission to take recourse to an alternative remedy of preferring an appeal.
Prayer allowed.
He may do so within a period of four weeks.
As and when any such appeal is preferred by the petitioner within the aforesaid period, the issue of limitation shall not come in the way and the appeal shall be heard on merits, to be decided within a period of three months from the date of its filing.
Patna High Court CWJC No.19500 of 2019 dt.25-01-2023 3/3
We only hope and expect the appropriate authority
to consider and decide the appeal on its own merit and with reasonable dispatch.
We clarify that we have not expressed any opinion on facts and law. All issues are left open.
Learned counsel for the parties undertake not to take any unnecessary adjournment in such proceedings.
The present petition stands disposed of with the liberty aforesaid.
(Sanjay Karol, CJ)
( Partha Sarthy, J)
Sujit/Ashwini
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| Uploading Date | 25.01.2023 |
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1 issue framed by the court
Whether to quash an order of confiscation of imported goods and imposition of penalties under the Customs Act, 1962.
2 provisions across 1 enactments
M/s K. K. Trading and Co.
Union of India
Sanjay Karol
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
