1990 (12) TMI 103 - HC - Customs

Summary

Issues:
1. Compliance with court orders and issuance of detention certificate.
2. Failure to pass an order within the stipulated time frame.
3. Instructions given by the Customs department to the respondent's representative.
4. Costs of the petition.

Comprehensive Analysis:

1. The judgment deals with the compliance of court orders and the issuance of a detention certificate for goods covered by a petition. Initially, an order was passed directing the 2nd respondent to provide a personal hearing to the petitioner and subsequently pass an order. However, a second writ petition was filed challenging the sufficiency of material and opportunity provided, leading to an appeal. The appeal Court set aside the previous order and directed the 2nd respondent to hear the appellants, allowing them to produce supporting documents within three weeks.

2. The third writ petition was filed due to the failure of the 2nd respondent to pass an order within the specified time frame. The Assistant Collector of Customs cited communication delays as the reason for the delay in providing a hearing to the petitioner. The court found the reason provided in the affidavit-in-reply to be untenable and unacceptable, leading to a directive for the immediate clearance of the goods and the issuance of a detention certificate.

3. The judgment also addresses the issue of instructions given to the respondent's representative by the Customs department. It was noted that the representative could not have made statements without being instructed by a Customs officer. The court found the reasons for not providing a hearing as directed to be unacceptable, leading to the directive for immediate clearance of the goods and the payment of costs by the respondents.

4. Finally, the judgment concludes by directing the respondents to pay the costs of the petition. The court emphasized that there was no obligation on the petitioner or their advocates to inform the respondents of the court's order, as they were represented through counsel. The court also allowed the hearing on the Query Memo to proceed without setting a specific time limit, instructing the respondents to act in accordance with the law.

This detailed analysis covers the various issues addressed in the judgment, highlighting the court's directives and findings regarding compliance with court orders, delay in passing orders, instructions given to the respondent's representative, and the payment of costs.