RPG CELLULAR SERVICES LIMITED Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) The petitioner prays for the issue of a Writ of Mandamus directing the respondent to produce the documents sought for by the petitioner relating to similar/identical imports made by other telecom operators from the same foreign supplier and more specifically described in the petitioner's letter dated 14-12-1999.

(2.) Heard Mr.Arvind P.Datar, learned senior counsel appearing for the petitioner and Mr.N.Muralikumaran, Additional Central Government Standing Counsel appearing for the respondent.

(3.) The request of the writ petitioner has already been turned down while stating that in respect of one of the importers, the case has been settled under Samadhan scheme, but in respect of other two importers the respondent has not assigned any reason. Be that so, what the petitioner wants is to rely upon are the rate of import of identical instruments namely, Cell Phone, GSM Mobile Telephone Network Hardware Equipments (hardware and software) and what the petitioner seeks is that certain information is not available with the petitioner but is available with the respondent or other Customs Commissionerate either at Mumbai or Delhi and which are available for the entire Customs Department. If those details are furnished, the petitioner may be in a position to put forward his case effectively and reasonably.