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2022 Supreme(Guj) 530

J.B.PARDIWALA, NISHA M.THAKORE
RUGS RURAL THROUGH PROPRIETOR NASIM AHMED KHAN – Appellant
Versus
PRINCIPAL COMMISSIONER OF CUSTOMS – Respondent


Advocates:
Advocate Appeared:
For the Appellant : KURVEN K DESAI, TIRTH NAYAK
For the Respondent: MR UTKARSH SHARMA AGP, MR ASHISH VERMA

ORDER :

J.B.PARDIWALA, J.

1. On 28.04.2022, this Court passed the following order:

    “1. We have heard Mr. Tirth Nayak, the learned counsel appearing for the writ-applicant.

2. Prima-facie, it appears that a very high-handed arbitrary action on the part of the respondent no.5 herein has dragged the writ-applicant to a second round of litigation.

3. We take notice of the fact that the writ-applicant had come before this Court by filing the Special Civil Application No.14849 of 2021 essentially with a prayer that the consignment comprising Chinese Knotted Woollen Carpets detained on 06.01.2021 by the respondent no.2 may be ordered to be released.

4. A Co-ordinate bench of this Court to which one of us [Ms. Nisha M. Thakore, J] was a party after exhaustive hearing delivered a detailed judgment disposing of the writ application with appropriate directions and observations. We quote the observations made in Paragraphs-31, 32 and 33 respectively as under:-

“31. We notice that the petitioner, on one hand, has approached this Court by preferring the petition under Article 226 of the Constitution of India and he has chosen not to cooperate to complete the pending inquiry in relation to M/s. Kaka Ca

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