NAVKAR ENTERPRISES Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has approached this Court in Writ Jurisdiction complaining about inaction on the part of the respondents. The petitioner is an importer and has complained in the Writ Petition that he was constrained to approach this Court in case of an import which is under Open General License. The petitioner claims that M/s. Samsung Electronics Company Ltd. of South Korea is a pioneering industry in the manufacture of television sets, audio and other items. The company imports various items including television sets and they are imported either in entirety or completely knocked down condition and assembles in India and sales and distributes in India. M/s. Samsung Electronics Company Ltd. is a worldwide organization and what has been stated is that all the products of the leading manufacturers and its subsidiary have been registered and there are proper registration numbers. The petitioner states that there are various business concerns who also import the products of Samsung either manufactured or traded in different countries under OGL licensing scheme of the Government of India. The petitioner is one such entity and has acted upon a clarification issued by the Department of Electronics and Information Technology, Government of India, dated 26th August, 2013, the petitioner placed an order on one company in Dubai, to sell, supply and delivery of 265 pieces of Samsung Brand LED TV. A letter of credit was opened and the company sent a bill of lading and invoice which evidenced the shipment. It arrived at Nhava Sheva and that is evidenced by the document at Annexure -D and E. The bill of entry was filed through the Customs House Agent but the respondents have not permitted clearance of the goods, in the light of the requirement and which the petitioner was informed pertains to obtaining of document from Bureau of Indian Standards. The petitioner, therefore, claims release of this consignment as according to it there are all proper authorizations, permits and licenses. In response to this Writ Petition, an affidavit -in -reply has been filed and Para -2 of the affidavit of Mr. Manoj Kumar, Assistant Commissioner of Customs, Nhava Sheva, Navi Mumbai, District Raigad, reads as under: - -

(2.) IN the light of Para -2 which is reproduced above and further Para -3 of this affidavit, we called upon Mr. Kanuga to take instructions and state as to whether the petitioner or its representative is ready and willing to appear before the Authorized Officer and permit him to undertake the exercise in terms of Para -2 of the affidavit. Equally, Mr. Jetley states that the Authorized Officer is still willing to take the requisite steps as aforestated.