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2020 (1) TMI 210 - CALCUTTA HIGH COURTLegality and validity of the summons issued by the Superintendent of Customs (Preventive), SIB (Port), Customs House, Kolkata, issued under Section 108 of the Customs Act, 1962 - importation of yellow peas - diversion of consignments - allegation that the vessel could not enter port of Kolkata due to bad weather and insufficient draft condition, the vessel was redirected to Visakhapatnam and thereafter to Kakinada for discharge instead of Kolkata port - HELD THAT:- As all the documents required for investigation are annexed in this writ petition, let the respondent no. 1 being the Superintendent of Customs (Preventive), SIB (Port), Customs House, Kolkata peruse the writ petition as well as the representation dated 21st August, 2019 and pass necessary order as to whether any further investigation is required by the respondent authorities including the jurisdiction of the respondent authorities in issuing the summons dated 9th July, 2019 and 5th August, 2019 within ten days from the date of communication of this order by the petitioner to the Superintendent of Customs (Preventive), SIB (Port). I have not gone into the merits of the case and all points are left open for the Superintendent to be considered in his order - As the allegations have not been controverted and no affidavit has been called for in this writ petition, the allegations made in this writ petition are not admitted by the respondent Authorities. Petition dismissed.
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