An appeal process requiring a pre-deposit is still considered an efficacious remedy under law.

JUDGMENT

Mohammed Nias.C.P..J The above writ appeals are preferred by the petitioners in WP(C)No.3781 of 2023 and WP(C)No.3808 of 2023, being aggrieved by the judgments dated 6.2.2023 that closed the writ petitions and relegated the petitioners to avail the alternate remedy.

2. The petitioners had challenged Ext.P1 order of seizure issued by the Inspector of Customs (Preventive), the 4th respondent, Ext.P2 order passed by the Commissioner of Customs, the 2nd respondent ordering confiscation, and also Ext.P3 order passed by the Superintendent of Customs, the 5th respondent directing the disposal of the articles confiscated by the second respondent by Ext.P2 order.

3. The learned single Judge found that the petitioners had an alternate statutory remedy against the orders impugned in the writ petitions and accordingly closed the writ petitions relegating them to avail such remedy.

4. Learned Counsel for the appellant cites the judgment in Directorate of Revenue Intelligence v. Pushapa Lekhumal Tolani [ 2017 KHC 6569 ] to contend that the seizure and the further proceedings are bad and argues that the alternate remedy is not efficacious as he will be forced to make a predeposit for filing the appeal.

Having heard the learned counsel for the appellants and the learned DSGI on behalf of the respondents, we do not find any reason to interfere with the judgment of the learned single Judge that only directed the appellants to avail the statutory alternate remedy, which is efficacious as well. No circumstance warrants this Court to entertain these Writ Appeals as the appellants have an effective alternate and efficacious remedy under the statute. A Right to appeal circumscribed by a condition for predeposit does not make it non-efficacious. Since we are not considering the merits of the dispute, we are not considering any of the contentions raised, which the petitioner may urge while availing of the statutory remedy. We do not find any error in the discretion exercised by the learned Single Judge. We find no merit in these writ appeals, and the same are accordingly dismissed.