NADEEM GUBITRA Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) THIS writ petition has been filed challenging the impugned order of the first respondent, dated 27.12.2010, directing the petitioner to furnish a bond for Rs.1 crore and a bank guarantee for a sum of Rs.65,00,000/-, in favour of the first respondent, for the provisional release of the vehicle in question.

(2.) THE petitioner has stated that he had purchased the Maserati Car, bearing Registration No.MP-09-CD-9399, by way of a sale letter, dated 16.7.2010, from one Imtiaz N.Khatri. He had also submitted that he had paid the differential duty amount of Rs.52,02,233/-, demanded by the Directorate of Revenue Intelligence, Ahmedabad.

(3.) IT had also been stated that the petitioner has not shown sufficient evidence to substantiate his claim that he is the owner of the vehicle. IT had also been submitted that there is an appeal remedy available to the petitioner, under Section 128 of the Customs Act, 1962. However, it has been stated that the adjudication proceedings is pending before the first respondent, in respect of the issue in question.