MINA Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution of India challenges the inaction of the authorities in not allowing clearance of certain imported goods, details of which are mentioned at Exhibits "B-1" to "B-3". The petitioner complains that though it is ready and willing to pay all applicable dues, the consignments are not allowed to be cleared nor are respondent Nos. 1 to 3 issuing the detention certificate.

(2.) The writ petition proceeds on the footing that the petitioner, in the course of their business for using lining material in hand bags, brief cases, jewellery boxes, placed an order with a foreign supplier, namely, M/s. Dong Jin Textile Company, Seoul, Korea for total import of 15000 meters of lining material. This material was supplied under the cover of three invoices dated 24th May, 1988. It was certified on the invoices, according to the petitioner, that the goods are of South Korean Origin. The goods arrived at Bombay Port in July, 1988. Three bills of entry, all dated 20th July, 1988, were filed seeking clearance of the imported goods for home consumption. There is a verbal refusal from the officers to assess the three bills of entry on the ground that the imported consignments are similar to the one imported by another importer M/s. Lunar International and the respondents suspected these consignments as well. The goods were examined and they were found to be not lining material, but they were "Nylon Flocked

(3.) In paragraphs 7 and 8 of the writ petition, the petitioner states as under :-