BANGLADESH Vs. MD. FEROZ ALAM

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 5.6.2007 passed by a Division Bench of the High Court Division in Writ Petition No. 3940 of 1996 making the rule absolute.

(2.) The respondent filed the aforesaid writ petition challenging orders dated 2.9.1996 and 25.9.1996 vide Annexures D, E and E-1 stating that the writ petitioner is a company, which is a 100% export-oriented industry and got registration to that effect on 20.3.1995. The writ-petitioner also got a bonded warehouse license under section 13 of the Customs Act, 1969 on 3.5.1999 first for the period ending on 31.12.1995 and then it was extended up to 31.12.1996. On 5.5.1996 the writ petitioner applied to the Commissioner of Customs for permission in order to import grey fabrics as raw materials for production of garments without any master letter of credit and/or back-to-back letter of credit. By his letter dated 17.6.1996, the Commissioner of Customs granted necessary permission.

(3.) Upon receipt of such permission, the writ petitioner opened a letter of credit dated 30.6.1996 for import of 6,01,060 yards of grey fabrics. The said goods arrived at Chittagong Port under 2 bills of lading dated 1.7.1996 and 5.7.1996 but the customs authority was not inclined to release the goods since the goods were not imported under any back-to-back letter of credit under the prevalent rules.