(1.) The petitioner has filed the present petition impugning a Circular bearing No.35/2017-Cus dtd. 16/8/2017 (hereafter 'the impugned Circular') as ultra vires the provisions of the Customs Act, 1962 (hereafter 'the Customs Act'). The petitioner also impugns an order dtd. 2/12/2023 (hereafter 'the impugned order') passed by respondent no.6 directing provisional release of the goods imported by the petitioner albeit on furnishing a bond equivalent to the value of seized goods of Rs.3,70,24,887.00 and a bank guarantee/security deposit equivalent to 120% of the said amount, amounting to Rs.4,44,29,864.00.
(2.) According to the petitioner, paragraph 2 of the impugned Circular runs contrary to the provisions of Sec. 110A of the Customs Act, which confers the discretion on the adjudicating authority to impose such conditions and demand such security as the adjudicating authority may require.
(3.) It is contended that the discretion granted by the statute to the adjudicating authority is curtailed by the impugned Circular. It is also contended that the said issue is covered by the decision of the Coordinate Bench of this Court in Additional Director General (Adjudication) v. M/s Its My Name Pvt. Ltd.: Neutral Citation No.2020: DHC:2014-DB.