2016 (9) TMI 876 - HC - Customs

Prayer for release of vehicle - confiscation of vehicle - option to pay redemption fine - demand of differential customs duty - imposition of penalty - Motor Bike Harley Davidson - illegal import - seizure - Held that - serious prejudice will be caused to respondent if the disposal of appeal is delayed - the Customs, Central Excise and Service Tax Appellate Tribunal, Bangalore Bench shall dispose of the appeal as expeditiously as possible, and at any rate, within eight weeks. Petition disposed off - decided in favor of respondent.

Summary

Issues:
1. Direction to set aside Exts.P3 and P5 and release the Motor Bike Harley Davidson.
2. Consideration of appeal in light of vehicle confiscation and pending tribunal decision.
3. Adequacy of security conditions for releasing the vehicle to the respondent.
4. Timely disposal of appeal to prevent prejudice to the respondent.

Analysis:
1. The respondent filed a writ petition seeking to set aside Exts.P3 and P5 and to release the Harley Davidson bike seized by customs authorities. The single Judge directed release of the vehicle to the respondent pending the decision of the Appellate Tribunal, without considering setting aside Exts.P3 and P5. The appeal was filed aggrieved by this judgment.

2. The respondent had purchased the bike from an importer, which was seized by customs for alleged illegal importation. Ext.P3 order confiscated the vehicle with a redemption option on payment. The respondent's appeal was rejected by Ext.P5 order, and a further appeal was pending before the Tribunal when the writ petition was filed. The single Judge rightly refrained from delving into jurisdictional issues due to the pending appeal.

3. The appellant contended that the single Judge did not impose sufficient conditions to secure the Revenue's interest while releasing the vehicle to the respondent. Despite the appellant's concerns, the respondent was unwilling to provide additional security beyond the bond directed by the single Judge. The Court found a bond inadequate for revenue protection and vacated the release direction.

4. The Court disposed of the appeal by vacating the release order but acknowledged the potential prejudice to the respondent if the appeal was delayed. Therefore, the Court directed the Customs Tribunal to expedite the appeal's disposal within eight weeks of the judgment's copy production to prevent harm to the respondent. The respondent was instructed to provide a copy of the judgment to the Appellate Tribunal for compliance.