RIKA GLOBAL IMPEX LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Vineet Naik, learned senior advocate for the petitioner; Mr. Pradeep S. Jetly, learned senior advocate for respondent Nos.1 to 3; and Mr. Rui Rodrigues, learned advocate for respondent Nos.4 to 6.

(2.) By the present petition, petitioner has prayed for a writ of mandamus to respondent No.2 i.e. the Commissioner of Customs (NS-I) and respondent No.3 i.e. the Assistant Commissioner of Customs, Appraising Group - I and IA to allow clearance of 2,650 MTs of Pigeon Peas covered under Bill of Entry Nos. (i) 9029721 dated 02.10.2020, (ii) 9028987 dated 02.10.2020, (iii) 9028862 dated 02.10.2020, (iv) 8845847 dated 17.09.2020, (v) 8843086 dated 17.09.2020, (vi) 8842485 dated 17.09.2020, (vii) 8985829 dated 29.09.2020, (viii) 8987173 dated 29.09.2020, (ix) 8982222 dated 28.09.2020, (x) 8994149 dated 29.09.2020, (xi) 9008104 dated 02.10.2020, (xii) 9029328 dated 02.10.2020, and (xiii) 9029262 dated 02.10.2020 for home consumption (hereinafter referred to as " the bills of entry ") which have been held up inspite of having valid registration of Advance Payment Certifcate bearing File No.03/27/008/ 00161/AM18 dated 06.09.2017 and issued on 27.09.2017 by the office of the respondent No.5 i.e. the Director General of Foreign Trade (hereinafter referred to as " the DGFT ") permitting import of Pigeon Peas under the Foreign Trade Policy 2015-2020 (hereinafter referred to as " the FTP ").

(3.) Before we advert to the submissions made by learned counsel for the respective parties, it will be apposite to briefy refer to the relevant facts as pleaded for adjudication of the lis.