PROPRIETOR Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) Aggrieved by the judgment dated 5th July, 2011 in W.P(C). No.16503 of 2011, the unsuccessful petitioner preferred the instant appeal.

(2.) The appellant, one Mr.T.A.Joslin, describes himself to be the proprietor of a business concern carrying on business of imports and exports. He has been duly registered as such and duly allotted an 'Import Export Code'. He imported certain consumer goods, such as cosmetics etc. The goods arrived at the Cochin Port some time in the month of April, 2011. They were de-stuffed on 27.4.2011 at the Container Freight Station, Petta. The said material was examined by the respondents in the first week of May, 2011. But the goods were not cleared for home consumption. The appellant received a communication dated 16.5.2011 from the Commissioner of Customs, Cochin, Special Intelligence and Investigation Branch (IPR Cell). The substance of the said communication is that, of the various items of the goods imported by the appellant (numbering 23), three items are found to be objectionable items. According to the said communication, import of the said items amounts to infringement of the Trade Marks Act, 1999. It appears from the said communication that the respondents received complaints from two companies, M/s.Johnson & Johnson Ltd. and M/s.Wipro Cyprus Private Ltd. claiming to be the holders of a trade mark in the products specified by them and the import of the same would infringe the trade mark conferred on them. The Commissioner, therefore, called for certain informations from the appellant, the details of which are contained in paragraphs 4 and 5 of the said communication. The relevant portion of the said communication reads as follows:

(3.) On receipt of the said communication, it appears that the appellant sent a letter dated 18.5.2011, in substance, requesting the respondents to detain the three objectionable items referred to above and clear the rest of the imported goods. The relevant portion of the said letter reads as follows: