JAYANT HANSRAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Heard forthwith.

(2.) The petitioners approached this Court to seek clearance of the goods imported unconditionally without any deposit or bank guarantee and pay the amounts of container detention and demurrage charges incurred on the goods. Alternative relief is sought by way of certiorari to set aside the order/decision of Respondent No.3 dated 30th March, 2007 detaining the goods in the interest of justice and consequential relief by way of mandamus to direct the respondent No.2 their officers, subordinates, servants and agents from implementing and/or giving any effect to the order dated 30th March, 2007 of respondent No.2.

(3.) According to the petitioner the consignment of Cosmetics was imported vide bill of lading dated 31st January, 2007 and as per the import document received from the overseas suppliers. The Bill of Entry dated 14th February, 2007 was filed based on the document received from the overseas supplier. The 1st Respondent duly assessed the bill with duty and levied duty thereon amounting to Rs.5,04,526/- which was paid on 2nd July, 2007. The goods were packed in 1213 cartons and detailed packing list was also filed along with the Bill of Entry showing the goods in each of the cartons. According to the petitioners the goods were examined by the officers of the Central Intelligence Unit working under the 2nd Respondent on 27th February, 2007. The officers found discrepancies and also that the items were in excess of the declared quantities. The goods were detained on 27th February, 2007. Thereafter the statement of the petitioner was recorded. The petitioner was arrested on 8th March, 2007. The learned Magistrate after hearing the parties was pleased to release the petitioner on bail on 8th March, 2007.