COMMISSIONR OF CUSTOMS Vs. ABDUL KAREEM POKKU

JUDGEMENT

(1.) THE respondent herein had imported a Toyota Land Cruiser car through the Cochin Port. Pleadings show that the Joint Commissioner(Customs) passed an order dated 19.03.2009 ordering absolute confiscation of the vehicle and imposed a penalty on the respondent.

(2.) AGGRIEVED by the said order, the respondent filed an appeal before the Commissioner(Appeals) who modified the order. Although the respondent was willing to comply with the order, according to the respondent, the appellant was not willing to release the car. In the said circumstance the respondent filed W.P.(C) No.17144 of 2010 before this Court. In the said case, the learned Judge passed the impugned judgment dated 08.06.2010, the operative portion of which reads as follows:

(3.) NOW that both sides have filed appeals against the order of the Commissioner(Appeals) and the statutory appellate Tribunal is seized of the cases, all that is required is that the Tribunal shall hear the parties concerned and dispose of the appeals on merit. This shall be done as expeditiously as possible. It is directed that release of the vehicle mentioned above will depend upon the outcome of the appeals pending before the Tribunal. In view of the above, we set aside the judgment under appeal, i.e., judgment in W.P.(C) No.17144 of 2010 dated 08.06.2010 and the appeal is disposed of with the above directions.