FERROUS TRADERS Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) The following are the reliefs sought for by the petitioner in this writ petition:

(2.) Brief material facts for the disposal of the writ petition are as follows:

(3.) Petitioner is a trader involved in import of materials through Cochin Port. During the course of trade, petitioner imported Potato Powder (Starch) from abroad through Cochin Port and filed Bills of Entry for its clearance. The value of the potato powder was Rs.5,96,797/-. The Customs authority confirmed the value and assessed customs duty at Rs.2,84,140/-. According to the petitioner, due to his inability to pay customs duty as assessed by the Customs authority, petitioner requested for removal and storage of the goods to respondent No.1. When the petitioner managed sufficient fund to clear the goods, 3rd respondent, i.e., the Additional Commissioner of Customs made allegations regarding the quality of the goods. It is also alleged that the petitioner is indulging in illegal import of such goods for unlawful gain. Though the petitioner made detailed submissions and expressed willingness to conduct examination of the goods through any authorised agency, 3rd respondent did not allow such request and proceeded with investigation.