COMMISSIONER OF CUS. (PREVENTIVE) Vs. KALLARACKAL JEWELLERS

JUDGEMENT

(1.) Heard the learned counsel for the petitioner as well as the learned senior counsel appearing for the respondent. This writ appeal has been filed against an interim order passed by the learned Single Judge dated 10th December 2014 in W.P. (C) No. 30484/2014.

(2.) The respondent in this appeal, who was the petitioner in the writ petition, had filed the writ petition challenging the order dated 5-12-2014 passed by the Commissioner of Customs Preventive passed the following order:

(3.) The learned Single Judge passed an interim order directing that the petitioner be permitted to release of the gold on executing a simple bond. The writ petition is still pending for consideration. Counsel for the appellant submits that the order passed by the Commissioner was in exercise of his statutory power under Section 110A of the Customs Act, 1962. He submits that the provisional release of gold ornaments weighing 11901.985 gms was subject to condition of execution of bond of Rs. 3 crores and furnishing security amounting to Rs. 60 lakhs in the form of either cash deposit or bank guarantee. He submits that various arguments raised in the writ petition on merits are still to be completed and in the event provisional release is permitted on simple bond, the whole purpose shall be frustrated. He submits that there was no error in the exercise of power in the Commissioner directing provisional release. The interim order passed by the learned Single Judge virtually allows the writ petition and grants the relief which could have been available at best at the time of final disposal of the writ petition.