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2022 (12) TMI 1255 - HC - CustomsProvisional release of the goods - alleged large scale scam involving expensive higher vehicles - HELD THAT:- In the case of SHRI. SURIYA, S/O ARJUNAN VERSUS THE INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE, MUMBAI; THE DEPUTY DIRECTOR, DIRECTORATE OF REVENUE INTELLIGENCE, BENGALURU AND THE COMMISSIONER OF CUSTOMS, JAWAHARLAL NEHRU CUSTOM HOUSE, MAHARASHTRA [2022 (6) TMI 1342 - KARNATAKA HIGH COURT], the High Court of Karnataka has directed the Petitioner therein to deposit 50% of differential duty and execute bank guarantee in respect of other 50%, and execute a bond - In the case of SHRI MURALI B S/O R BHASKAR VERSUS THE INTELLIGENCE OFFICER DIRECTORATE OF REVENUE INTELLIGENCE NHAVA MUMBAI; THE DEPUTY DIRECTOR DIRECTORATE OF REVENUE INTELLIGENCE MANGALORE THE COMMISSIONER OF CUSTOMS JAWAHARLAL NEHRU CUSTOM HOUSE, MAHARASHTRA AND THE DEPUTY COMMISSIONER OF CUSTOMS (SIIB) MANGALURU [2022 (9) TMI 1404 - KARNATAKA HIGH COURT], the High Court of Karnataka has modified the condition of execution of bank guarantee, which is referable to clause 3 in the case at hand. When the petition was heard yesterday, since the learned Counsel for the Petitioner sought parity with the orders passed by the High Courts of Karnataka and Kerala, the petition was adjourned for the Respondents to take instructions whether these orders have been challenged by the Respondents higher - the Petitioner in this petition has placed on record the details of the vehicle. Nothing is placed on record before us that the Petitioner is involved in the scam. The Petitioner has asserted that the Petitioner is a bonafide purchaser of the vehicle and this assertion has gone uncontroverted. There are no reason as to why the same view adopted by the High Courts of Karnataka and Kerala should not be adopted for the purpose of granting ad-interim order in this petition. In fact, we are retaining the deposit of differential duty in the first clause and not bifurcating for 50% of the bank guarantee - by way ad-interim order, we direct that clause 3 of the impugned order shall stand suspended if the Petitioner complies with clause nos. 1 and 2 of the impugned order, subject to further order. Stand over to 9 January 2023.
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