KHADER YOUSUF Vs. COMMISSIONER OF CUSTOMS, COCHIN

JUDGEMENT

(1.) THE petitioner, has approached this Court seeking for a direction to release the generator imported as per Ext. P1 and for a further direction to the fourth respondent to pass appropriate orders on Ext. P5 filed seeking to issue import licence. It is averred that the petitioner purchased an assembled Diesel Power Generator Set having capacity of 500 KVA, from a Chinese Company and it was shipped to the petitioner for their use at Ernakulam office. Ext. P1 is the true photostat copy of the Combined Transport Bill of Landing along with the Invoice, Packing List and Inspection Report. In fact, in the writ petition the petitioner has taken a stand that it is not for a resale and that no import licence is required.

(2.) GOING by the affidavit filed by the respondents 1 and 2 it can be seen that the adjudication proceedings are pending in the matter and procedures have been completed and orders are yet to be passed. Various other aspects have been pointed out therein.

(3.) IN the statement filed on behalf of the State Pollution Control Board in paragraph three it is stated as follows: