Home Case Index All Cases Customs Customs + HC Customs - 2022 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (7) TMI 776 - KARNATAKA HIGH COURTSeeking direction to the second respondent to release the imported goods - defatted coconut - desiccated coconut or not - HELD THAT:- Since Sri Jeevan J Neeralgi is categorical in his submissions that if an application was filed during the pendency of the original proceedings under Section 110A of the Customs Act, 1962, the adjudicating authority could have considered provisional release of the goods subject to the terms as regards security for the price of the imported goods, the question of granting liberty as now requested is considered. If the petitioner could have availed such remedy during the pendency of the original proceedings, if there is a second appeal by the authorities and if it is not contested and that there is no interim order in such appeal by the authority, this Court is of the considered view that the petitioner must be at liberty to file an application for provisional release of the imported goods and there must be an expedited decision on such application - The petition is disposed of with liberty to the petitioner to file an application under Section 110A of the Customs Act, 1962 before the adjudicating authority, even without waiting for a certified copy of this order.
|