TMI Blog2016 (12) TMI 1499X X X X Extracts X X X X X X X X Extracts X X X X ..... dent (SIIB), Customs Commissionerate, Noida. As such, notice of arrest suffers from non-application of mind, and appear to be arbitrary and unreasonable and is, therefore, liable to be quashed. Impugned arrest notice quashed - petition allowed - decided in favor of petitioner. - Criminal Misc. Writ Petition No. - 25479 of 2016 - - - Dated:- 23-12-2016 - Hon'ble Arvind Kumar Tripathi And Hon'ble Vivek Kumar Birla, JJ. For the Petitioner : Devesh Vikram For the Respondent : G.A.,A.S.G.I.,Krishna Agarawal ORDER Vakalatnama has been filed by Sri D.K.S. Rathor, Advocate and Sri Ankit Roopanwal, Advocate on behalf of the petitioner-firm after obtaining no objection from Mr. Devesh Vikram, Advocate, which is taken ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... redit limit of 45 days. The petitioner-Firm, who was the notified party, had placed the order for the purpose of re-export and therefore, the consignee was mentioned as Arshiya Northern FTWZ, Free Trade Warehousing Zone so that the goods could be imported and they would be allowed to re-export without any restrictions. The goods arrived on 2.6.2016 and due to delay from the side of foreign purchaser, initially they could not do any activity regarding transit of goods from Dadri port to Arshiya Free Trade Zone but later on they filed transit bill of entry dated 26.7.2016 for the transit of the goods from Dadri to Arshiya, however due to non-response from the third countries foreign purchaser they dropped the idea to take the delivery of good ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was issued to the petitioner in view of the provisions of Section 135(i)(A) read with Section 104 of the Customs Act, 1962, which as submitted by learned counsel for the petitioner, is arbitrary, illegal and the same is liable to be quashed. Learned counsel appearing for the respondent-Custom Department has vehemently opposed the prayer and submitted that the noticed has already been given for appearance and producing the necessary documents but since there was no cooperation from the side of the petitioner and the petitioner failed to produce the necessary document as demanded by the respondent-Custom Department, hence in view of the provisions of Section 135(i)(A) read with Section 104 of the Customs Act, 1962, notice was rightly issu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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