AJAY SHINDE Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner is seeking essentially the relief of release of a consignment meant for export.

(2.) The petitioner has pointed out in the writ petition that he is the proprietor of one M/s. Shruti Exports. That is operating from the address mentioned in the cause title and is engaged in the export of different kinds of consumer items. The petitioner, for the purpose of exporting such goods, has been taking assistance of different individuals to source the goods and provide the details of foreign buyers. Upon such assistance and invention of foreign buyers and the contact established with them by the petitioner himself, transactions and deals are arrived at. That is how the petitioner arranges for export of these goods.

(3.) The petitioner, in Para 4.3 of this petition, has set out the practise and procedure relating to exports. Since the petitioner's goods are under claim for duty drawback (export incentive), they are liable to be inspected/examined in accordance with the instructions issued by the Department. The petitioner has compiled as annexures collectively some of the circulars which provide for examination of the goods and thereafter the procedure to be followed. In Para 4.5 of the writ petition, the petitioner has stated that he has in the past two years exported 27 such consignments under claim for duty drawback. In all these cases, the goods have been procured from open market and through intermediaries and who are prepared to supply such goods for a consideration. In the 27 consignments exported, all the procedure has been duly followed, the goods/consignments were inspected and examined and export permit for clearance was issued. The petitioner also, and in tune with the same procedure, tried to export a consignment and details of which are set out in Para 4.7 including the invoice number and shipping details. The petitioner's case is that the consignment was permitted to be exported by granting what is known as "Let Export Order". Thereafter, the consignment was handed over to the Airlines for transportation to Nigeria.