IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R. Swaminathan, J
M/s.Black Gold Technologies, Rep. by its Proprietor Anuj Bansal – Appellant
Versus
Union of India, Rep. by its Secretary, Ministry of Finance, Department of Revenue – Respondent
| Table of Content |
|---|
| 1. seizure of goods due to alleged misdeclaration. (Para 1 , 2) |
| 2. opposition to provisional release by customs authorities. (Para 3 , 4) |
| 3. discussion on legal provisions and case precedents. (Para 5 , 6 , 8 , 9 , 10 , 11) |
| 4. court's reasoning on provision of section 110a. (Para 7) |
| 5. final ruling favoring provisional release. (Para 12) |
COMMON ORDER
The petitioners had imported consignments of “Used Rubber Tyre Cut in Two Pieces”. According to the petitioners, the said goods are freely importable and they are meant for manufacturing “rubber crumbs” to be eventually used for road laying.
2.The customs authorities were called upon to clear the goods in question on the ground that they have been classified under CTH 40040000. The respondents after examination came to the conclusion that the goods have been misdeclared. Though they had been declared as used tyre with one cut in bead wire, a random examination of the goods revealed that there was no cut in the bead wires. Therefore, it was referred to SIIB for detailed examination for import assessment. As per the examination report of the said officers, the cargo was found to be used rubber tyres in pressed bales. But the
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