UNION OF INDIA Vs. PATIALA CASTINGS PRIVATE LTD

JUDGEMENT

(1.) HEARD the learned Senior Counsel for the parties. These two appeals filed by the Revenue are directed against the final judgments and orders dated 1-5-2002 and

(2.) -5-2002 delivered by the High Court of Punjab and Haryana at Chandigarh, respectively in CWPs Nos. 8807 and 7717 of 2000. By the impugned judgments, the High Court has directed the Directorate of Revenue, Intelligence to allow provisional release of consignments of heavy melting scrap, imported by the two respondents in these appeals in terms of interim order dated 16-6-2000. 2. By the said order the High Court while ordering the release of the seized consignments in 38 containers, details whereof were furnished in Annexures P-6, P-18 and P-19 filed with the writ petition, had directed that the released material shall be mutilated and put into furnaces installed at the industrial unit. Additionally, the respondents were directed to execute bonds and also furnish bank guarantees to the tune of 30% of the value of the goods to be assessed provisionally as M. S. Pipes classified under Customs Tariff Heading 73.04.

(3.) INDUBITABLY , after the release of the goods on the basis of the provisional assessment, there has been no final adjudication of the bills of entry filed for clearance of the goods for home consumption. Under the given circumstances, we are of the opinion that instead of examining the correctness of the impugned orders at this juncture it will be in the interest of the Revenue as well as the importers if all the import consignments in respect of which show-cause notices have been issued to the importers are finally adjudicated.