Home Case Index All Cases Customs Customs + HC Customs - 2016 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (11) TMI 1637 - HC - CustomsMaintainability of petition - alternative remedy - Absolute confiscation - Sony brand LED TV sets - imposition of penalty - quantity of TV sets imported is admittedly a larger quantity - whether the petitioner by placing reliance on the BIS Certificate, dated 13.09.2013, would seek for release of the TV sets? - HELD THAT:- This issue is not primarily a question of law, but is the maximum question of fact and law. Therefore, to adjudicate the correctness of the impugned order, necessarily the disputed question of facts have to be gone into and this cannot be done in a Writ Petition, more so, when the petitioner has an alternative remedy of an Appeal as against the impugned order. This Court is not inclined to interfere with the order on the ground that the petitioner has an alternative remedy by way of appeal - while rejecting the prayer made by the petitioner and holding that the Writ Petition is not maintainable, liberty is granted to the petitioner to file an Appeal before the Commissioner of Appeals and if an Appeal is filed within a period of 30 days from the date of receipt of a copy of this order - Petition dismissed.
|