GYPSUM STUDIO DESIGNS Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) IN this petition under Articles 226 and 227 of the Constitution of India, the petitioner has called in question, the letter dated 14 -9 -2012, vide Annexure -H and has sought for writ of mandamus directing the respondents to re -measure the fabric rolls seized on 10 -2 -2012, vide Annexure -A and to furnish complete English translation of the Chinese declaration vide Annexure -C. Briefly stated the facts are;

(2.) THE statement of Mr. Anand Kothari, the Proprietor of the petitioner concern was recorded. He has denied the contents of fabric in the import consignment. He has stated that he had placed order with the supplier for 1057 pcs. of gypsum boards only.

(3.) THEREAFTER , the DRI conducted a second inspection of the consignment. A fresh mahazar dated 3 -7 -2012 was drawn. In the said mahazar, it was stated that the total quantity of fabrics is approximately 22,230 Sq. Mts. (15,000 Mts.). It is stated, the mahazar was drawn only to match the figures stated in the Consulate General letter dated 28 -5 -2012.