Back
2022 Supreme(Online)(Guj) 6370
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 13312 of 2021 FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE SONIA GOKANI and HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ==========================================================
1 Whether Reporters of Local Papers may be allowed NO
| 1 | Whether Reporters of Local Papers may be allowed to see the judgment ? | NO |
| 2 | To be referred to the Reporter or not ? | NO |
| 3 | Whether their Lordships wish to see the fair copy of the judgment ? | NO |
| 4 | Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ? | NO |
MESSRS JET GATEWAY EXPRESS SHIPPING Versus UNION OF INDIA ==========================================================
Appearance:
AMAL PARESH DAVE(8961) for the Petitioner(s) No. 1,2 MR PARESH M DAVE(260) for the Petitioner(s) No. 1,2 ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the Respondent(s) No. 1 LD.ASG.MR DEVANG VYAS(2794) for the Respondent(s) No. 1 MR UTKARSH R SHARMA(6157) for the Respondent(s) No. 2 ==========================================================
CORAM:H ONOURABLE MS. JUSTICE SONIA GOKANI and HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK Date : 25/02/2022
ORAL JUDGMENT
(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)
1. The petitioner is a partnership firm comprising four partners and conducting business activities at Dubai at United Arab Emirates. The petitioner is before this Court since the goods exported by the petitioner from Dubai have been ordered to be absolutely confiscated by the respondent No.2 representing Mundra Customs Commissionerate and the request of the petitioner to take back the goods as unpaid owner has not been considered by the authority. According to the petitioner, this action of the authority is without jurisdiction and hence, the present petition under Article 226 of the Constitution of India with the following prayers:
“16…
(A) That Your Lordships may be pleased to issue a Writ of Certiorari or any other appropriate writ, order or direction quashing and setting aside absolute confiscation of the goods in question vide OIO No.MCH/ADC/SK/41/2021-22 dated
27.07.2021 (Annexure-”C”) with a direction to the 2nd Respondent herein to give to the Petitioner an option to pay appropriate fine in lieu of confiscation of the goods in question in accordance with Section 125 of the Customs Act, 1962;
(B) That Your Lordships may be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction directing release of the goods, namely 16,614 packages of Whey Protein and other dietary supplements and also 464 cartons of Wooden Laminated Flooring, in favour of the Petitioner on payment of fine in lieu of confiscation that may be determined by the Respondents or by this Hon’ble Court;
(C) Pending hearing and final disposal of the present petition, Your Lordships may be pleased to direct the 2nd Respondent herein to release 16,614 packages of whey protein and other dietary supplements and also 464 cartons of Wooden Laminated Flooring in favour of the Petitioner on the terms and conditions that may be deemed fit by this Hon’ble Court;
(D) An ex-parte ad-interim relief in terms of para 16 (C)
above may be kindly be granted;
(E) Any other further relief as may be deemed fit in the facts and circumstances of the case may also please be granted.”
2. The business activities of the petitioner is like cargo loading and unloading services, cargo packaging, sea shipping line agents, general warehousing, etc. The petitioner has been indulging in trading activities of various commodities. The commodities, which the petitioner has been trading in, are laminated floor coverings and such wooden articles and also whey protein and other dietary supplements. 3. This petition concerns to two consignments of whey protein and food supplements brought to Mundra Port in two containers for which a Bill of Lading No.BMLJEAMUN1905896 has been issued. The goods were packed in 16,614 packages with
464 cartons of wooden laminated flooring.
4. According to the petitioner, these goods are not prohibited goods nor banned goods for import. Therefore, the respondent No.2 has no jurisdiction to order absolute confiscation.
5. The petitioner received an order from the Malaysia based customer namely M/s.Muscle Shack SDN BHD, Kualalampur for supplying 20 commodities including whey protein and food supplements.
5.1 Another order for wooden laminated flooring was received by the petitioner from a New Delhi based customer namely M/s.S.V. Industries. The petitioner is a merchant trader procuring many commodities and goods from various sources, which are stocked and warehoused at Dubai for further sale and trading to various customers located in several Asian countries.
6. Two consignments of goods supplied by the petitioner to M/s.S.V.Industries covered under Bill of Lading dated 02.06.2019 were transported on board in vessel MV Blandine from Jabel Ali Port. They were offloaded at Mundra Port for the importer M/s.S.V.Industries for clearance of goods from ICD, Patparganj. They were covered under the Bill of Entry No.3634298 dated 13.06.2019 which is the subject matter of the present petition.
7. It is the ca
