LIWE INTERNATIONAL Vs. ASST COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) This petition challenges two orders of the Additional Chief Metropolitan Magistrate, 8th Court, Esplanade, Bombay, the one dated 5.5.1986 and the other dated 28th July 1986 and prays for a further direction that the goods detained be released in terms of the adjudication order dated 3rd January 1984 made by the Collector of Customs and affirmed by the Customs, Excise and Gold (Control) Appellate Tribunal, West Regional Bench, Bombay, for short the Appellate Tribunal.

(2.) The essential controversy projected in this petition finally took a turn and therefore requires the narration of facts as otherwise what is projected in the petition may be lost sight of.

(3.) The first petitioner is a partnership firm of which petitioners Nos. 2 to 6 are its partners. The petitioner-firm is engaged in manufacturing jeans and garments which they sell in the local market and also export to overseas customers. As the holders of Letters of authority of Binod Mills Company Limited, M/s. Anna Exporters and M/s. Literate Wear, the petitioners imported Denim cloth used in the manufacture of Jeans trousers, the import licences having been duly obtained by those firms. Once the goods arrived and the clearing of the consignments were under process, one of the import licence holder M/s. Literate Wear withdrew the authority of the petitioners with the result, the clearance of the goods imported got blocked. The petitioners in their own right as the averment goes on their own import licence sought to clear the consignment which had already landed in India.