MEDISOURCE AGENCIES PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Proceedings under the Customs Act, 1962 with a view to passing an order of adjudication in the matter of likely evasion of payment of customs duty have been initiated against the petitioners. The proceedings are at the stage of investigation. The petitioners have approached this Court seeking quashing of the proceedings complaining of the initiation of the proceedings and the seizure of the goods of the petitioners both being without jurisdiction, also complaining of harassment of the two directors ( petitioners 3 and 4) and employees of the companies petitioner 1 and 2 at the hands of the officials of the Customs Department. The Assistant Commissioner of Customs and the Supdt of Customs, respondents 3 and 4 have been impleaded in personal capacity also.

(2.) According to the petitioners they have been importing cannula for aorta vena cavae and similar veins and blood vessels. The two bills entry dated 31.7.98 and 18.8.98 were presented at the Customs for clearance. The goods relating thereto were cleared on 1.8.98 and 21.8.98 respectively. The goods were imported under OGL and claimed to be exempted from payment of customs duty. The clearance was after the requisite satisfaction of the officials of the Customs. M/S Aero Bridge Cargo Services were the customs house clearing agents engaged by the petitioners for clearance of the goods.

(3.) On 23.9.1988 the respondents swung into action. The officials visited the godown site of the petitioner. There the petitioner No.3, a lady, was detained for questioning and issued a call memo for further questioning. Customs officials were posted around the residential premises of the petitioners 3 and 4 to keep a vigil. Petitioner No.4, husband of petitioner No.3, was out of station. Goods forming subject matter of the bills dated 31.7.98 and 18.8.98 were seized and detained.