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2024 Supreme(Online)(KAR) 6850
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY, 2024 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 29339 OF 2023 (T-CUS)
BETWEEN:
1. LIVING WATER EXIM LIMITED ASHOKA NEST, F-106, 2ND FLOOR, BEHIND SIDDHARATH HIGH SCHOOL, K.R.PURAM HOBLI, BANGALORE AND BIJAPUR REPRESENTED BY ITS DIRECTOR IMTIYAZ S/O SHAMASHUDDIN HALLI (EXPORT AND IMPORT BUSINESS COMPANY)
2. SUMAIYA EXPORTERS PRIVATE LIMITED YASEEN MANZIL, MARUTHI NAGAR, MUDDEBIHAL, VIJAYAPURA (BIJAPURA)
KARNATAKA -586212 REPRESENTED BY ITS DIRECTOR IMTIYAZ S/O SHAMASHUDDIN HALLI, AGED ABOUT 42 YEARS, BUSINESS BY OCCUPATION, R/O MUDDEBIHAL , BIJAPUR (EXPORT AND IMPORT BUSINESS COMPANY)
Digitally signed by …PETITIONERS VANDANA S (BY SRI. MAHIBOOB, S. HALLI .,ADVOCATE)
Location:
AND: HIGH COURT OF KARNATAKA
1. UNION OF INDIA BY THE PRL SECRETARY AND THE PRINCIPAL CHIEF COMMISSIONER OF CUSTOMS, MINISTRY OF FINANCE AND DEPARTMENT OF REVENUE, NEW DELHI- REPRESENTED BY CHIEF COMMISSIONER OF CUSTOMS, CUSTOMS OFFICE, BENGALURU.
2. CHIEF COMMISSIONER OF CUSTOMS NO.15, 1, STRAND ROAD, FAIRLEY PLACE, BBD BAGH, KOLKATA, WEST BENGAL-700 001 REPRESENTED BY CHIEF COMMISSIONER OF CUSTOMS, CUSTOMS OFFICE, BENGALURU.
3. DIRECTOR GENERAL OF REVENUE INTELLIGENCE, 8, HO CHI MINH PARK STREET AREA, KOLKATA, WEST BENGAL-700070 REPRESENTED BY DIRECTORATE OF REVENUE INTELLIGENCE, ZONAL UNIT, 2JGH C 95, 3RD BLOCK, HBR LAYOUT, BENGALURU.
4. COMMISSIONER OF CUSTOMS NO.15, 1, STRAND ROAD, FAIRLEY PLACE, BBD BAGH, KOLKATA, WEST BENGAL-700 001.
5. DIRECTOR OF REVENUE INTELLIGENCE
8, HO CHI MINH, SARANI ROAD, KANKARIA ESTATES, PARK STREET AREA, KOLKATTA, WEST BENGAL-700 071.
…RESPONDENTS (BY SMT. APARNA L V.,ADVOCATE FOR R-1 SMT. PREETHA MAHADEVAN, ADVOCATE FOR R-2 TO R-5)
THIS W.P IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) DECLARING THAT THE ACTION OF THE R4 AND 5 IN DETENTION / RETENTION OF THE CONSIGNMENT OF 3-MERCAPTO-3-METHYLBUTYL FORMATE FROM VENDOR COMPANY SAANCHI INTERNATIONAL LLC SHARJAH, UAE FOR RE-EXPORT TO MEGA CHOICE TRADING LIMITED, HONG KONG VIDE INVOICE NO. ML/GT/10/23/08 DATED 11/10/2023 AS PER ANNEXURE-B1 IS ILLEGAL AND VIOLATIVE OF THE RIGHTS OF THE PETITIONER AS GUARANTEED UNDER ART 14, 19(1) (g) AND 21 OF THE CONSTITUTION OF INDIA IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, petitioners have sought for the following reliefs:-
“ a) Issue a writ of certiorari or any order of the like nature declaring that the action of the respondent NO.4 and 5 detention retention of the consignment of 3- MERCAPTO-3 METHYLBUTYL FORMATE FROM vendor company SAANCHI INTERNATIONAL LLC SHARJAH, UAE for re-export to MEGA CHOICE TRADING LIMITED, HONG KING vide invoice no. ML/GT/10/23/08 dated: 11.10.2023 as per ANNEXURE-B-1. is illegal and violative of the rights of the petitioner as guaranteed under Art 14, 19(1) (g) and 21 of the Constitution of India in the interest of justice.
b) Issue a writ of MANDAMUS or any command of like nature directing the respondent No.4 and 5 authorities to make an inventory of the consignment of its utility for use from a competent authority and if found usable to forth-with release the consignment of 3- MERCAPTO-3 METHYLBUTYL FORMATE of vendor company SAANCHI INTERNATIONAL LLC SHARJAH, UAE fo re-export to MEGA CHOICE TRADING LIMITED, HONG KONG vide invoice no. M./GT/10/23/08 dated: 11.10.2023 as per ANNEXURE-B-1. in favour of the Petitioner or alternatively direct the respondent NO.4 & 5 authorities to pay to the petitioner a sum of USA $ 894,000/- or equivalent amount converted to Indian currency in the event of the consignment having list its utility or shelf life value or if the third party importing party refuses to receive the consignment for failure to supply the same in time, in the interest of justice.
c) Issue a writ of MANDAMUS or any command of like nature directing the respondent authorities to waive off any demurrages, costs or any charges against detention of the consignment in the interest of justice.
d) Issue any other order, writ or direction as this Hon’ble Court deems fit in view of the facts and circumstances of the case stated above in the interest of justice and equity. “
2. After arguing the matter for sometime, learned counsel for the petitioners submits that the petition may be disposed of reserving liberty in favour of the petitioners to submit a new / fresh representation to the 4th respondent or appropriate Adjudicating Authority seeking provisional release of the subject goods and with a direction to the 4th respondent or appropriate Adjudicating Authority to consider the same and pass appropriate orders as expeditiously as possible.
3. Per contra, learned counsel for the respondents submits that if the petitioners submit a new / fresh representation to the 4th respondent or appropriate Adjudicating Authority, the same would be considered in accordance with law.
4. In view of the aforesaid facts and circumstances of the case and the submissions made by both sides, petition stands disposed of reserving liberty in favour of the petitioners to submit a new / fresh representation to the 4th respondent or appropriate Adjudicating Authority along with documents etc., If such a new / fresh representation is submitted by the petitioners, the 4th respondent or appropriate Adjudicating Authority shall address the grievance of the petitioners for provisional release of the subject goods and take appropriate steps / pass appropriate orders within a period of four days from the date of submission of the said new / fresh representation. Liberty is also reserved in favour of the petitioners to take recourse to such remedies as available in law and also approach this Court once again, if the occasion so arises.
Registry is directed to communicate this order to the 4th respondent – Commissioner of Customs, Kolkata / appropriate Adjudicating Authority for compliance.
