GAURAV PHARMA LTD Vs. UOI

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner aggrieved by the action of the respondents in seizing five consignments of chemicals which were imported by the petitioner at the airport and failure to consider the repeated representations made by the petitioner for their provisional release. It appears that the petitioner had imported five consignments of chemicals which were brought to the country on bills of entry dated 10th May, 11th May and 27th july, 2007 respectively. These goods were detained by the respondent no. 4 at the instance of respondent no. 6 at the ICD, Patpargang where they were housed.

(2.) THE petitioner contends that these imports have been effected in order to utilised the same towards the 100% export oriented unit of the petitioner which is duly recognised by the Government of India. The imported chemicals are sensitive and perishable and ought not to be detained for a long period.

(3.) IT is submitted that the petitioner has been submitting representations to the respondent nos. 3-7 repeatedly since 5th September, 2007 to provisionally release the consignments of the petitioner on such terms as may be deemed appropriate by them. Further reminders were issued on 11th, 12th, 13th, 14th, 18th, 19th and 22nd September, 2007 but the same had been of no avail. The petitioner places reliance on the Government of India notifications bearing no. 22/2004 " CUS dated 3rd March, 2004 with regard to release of the goods and a circular bearing no. 42/2001 " CUS dated 31st July, 2001 permitting separate clearance of goods and consignments. The petitioner submits that the respondents action in not considering the petitioner's representation favourably is in violation of these specific notifications issued by the respondents. It is submitted that even otherwise there is no statutory or other impediment to the respondents considering the request of the petitioner. The writ petitioner further contends that the entire consignment are to be utilised for effectuating exports and consequently no custom or other duty is chargeable on them. The writ petition was filed seeking a direction to the respondents to exercise their jurisdiction in accordance with law and to release the consignments of the petitioner.