TRANS ASIAN SHIPPING SERVICES (P) LTD Vs. CONCOR CONTAINER FREIGHT STATION; DIRECTORATE OF REVENUE INTELLIGENCE; DEPUTY/ASSISTANT COMMISSIONER OF CUSTOMS; COMMISSIONER OF CUSTOMS; ALL CARGO GLOBAL LOGISTIC LTD ; ADDITIONAL COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE

JUDGEMENT

(1.) I have heard Ms.Pandeswari, learned counsel for the petitioner, Mr.V.G.Suresh Kumar, learned counsel for the container freight station in W.P.No.4358 of 2015, Mr.V.Sundareswaran, learned Senior Panel Counsel appearing for the Directorate of Revenue Intelligence, Mr.A.P.Srinivas, learned Senior Panel Counsel appearing for the Customs Department and Mr.S.Raghunathan, learned counsel appearing for another container freight station in W.P.No.4836 of 2015.

(2.) The petitioner has filed these writ petitions seeking a direction to the respondents to release the containers now lying in the respective container freight stations. The petitioner is the owner of the containers. In both the writ petitions, the owner of the cargo is not a party.

(3.) The Directorate of Revenue Intelligence, Bangalore caused a search in the residential and office premises of various parties and gathered intelligence and after obtaining voluntary statement from one Mr.Pandian Muruganathan, the officers of the Directorate of Revenue Intelligence had reason to believe that the export consignment was muriate of potash (MOP) and that the exporter attempted to export the same in violation of the Customs Law and hence, the consignment was seized at Chennai during transshipment and 17 representative samples of the goods were drawn under a mahazar.