DAYA ENTERPRISES Vs. COMMISSIONER OF CUSTOMS (EXPORT)

JUDGEMENT

(1.) Notice. Mr. Kamal Nijhawan, learned senior standing counsel accepts notice.

(2.) The short question that arises in this writ petition is whether the conditions imposed by the order dtd. 11/3/2016 by the Commissioner of Customs (Export) for provisional release of the goods in favour of the petitioner is onerous.

(3.) Three conditions for provisional release as stipulated in the above order are (a) Execution of bond for an amount of Rs.1,65,49,893.00 which is equivalent to the redetermined value of unbranded goods (b) payment of Rs.50,42,172.00 that is the total duty involved on the value redetermined as above of unbranded seized goods or execution of Bank Guarantee equivalent to said amount with auto renewal clause (c) execution of Bank Guarantee of Rs.41,37,473.00 which is equivalent to 25% of the re-determined value of seized goods for the purposes of securing fine and penalty, with auto renewal clause.