ORDER

Rajesh Bindal, J. - C.M. No. 10370 of 2018 : Miscellaneous application is allowed and the accompanying replication along with Annexures P-6 to P-8 is taken on record.

C.W.P. No. 4247 of 2017

2. The grievance of the petitioner in the present writ petition is that at the time of import of goods, the duty leviable thereon was paid, however, the Directorate of Revenue Intelligence, New Delhi (for short 'the DRI') pressurised the petitioner to pay another sum of Rs. 40,00,000/- while detaining the goods in transit.

3. The submission is that the amount was paid to avoid delay in clearance and demurrage charges payable to the port authorities. The petitioner under the pressure of the DRI officials paid a sum of Rs. 40,00,000/- without there being any show cause notice or the order. It has been further submitted that when the amount was taken from the petitioner without there being any show cause notice or order passed confirming that demand, the same was in violation of Article 265 of the Constitution of India.

4. Learned Counsel for the petitioner referred to Division Bench judgments of this Court in Century Metal Recycling Pvt. Ltd. v. Union of India - 2009 (234) E.L.T. 234 (P & H