TMI Blog2017 (10) TMI 94X X X X Extracts X X X X X X X X Extracts X X X X ..... by the PSP Division, only on 28th August, 2017 i.e. after the dates of the respective imports of the two consignments from Seoul, in South Korea - the Court is satisfied that the Petitioners have made out a prima facie case for grant of interim relief as prayed, for the provisional release of the consignments covered by the B/Es presented by the Petitioners to the Customs Authorities - the Court directs that till the next date of hearing, the SCNs issued to the Petitioners shall not be proceeded with by the Respondents. - W.P. (C) 8204/2017 & C.M. No. 33730/2017 (stay), W.P. (C) 8205/2017 & C.M. No. 33731/2017 (stay), W.P. (C) 7838/2017 & C.M. No. 32276/2017 (stay), W.P. (C) 7839/2017 & C.M. No. 32277/2017 (stay) - - - Dated:- 14-9-2017 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Foreign Trade Policy, 2015-20 ( FTP ) read with para 9.11 of the Handbook of Procedures ( HoP ), the date of import was the date of shipment/dispatch, which in terms of the said paras would be the Date of relevant airway bill provided this represents date on which goods left last airport in the country from which the import is effected. 5. In terms of the proviso to Section 46 (3) of the Customs Act, 1962 ( Act ), the B/Es were presented by the Petitioners to Respondent No. 2, i.e. Principal Commissioner of Customs (Import), New Customs House, IGI Airport, New Delhi for examination on 25th August 2017 itself, even before the consignments arrived by air in New Delhi. On the same date, the B/Es were examined by the Customs Authoritie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s were, in fact, published in the Official Gazette in the manner known to law before the date and time of dispatch of the said consignments from Seoul in South Korea which, for the purposes of para 2.17 of the FTP read with para 9.11 of the HoP, would be 25th August 2017 i.e. the date of actual import? 8. In order to demonstrate that the aforementioned two notifications were published in the Offical Gazette electronically only on 28th August 2017, the Petitioners have placed before the Court an electronic copy of the Gazette (Annexures P9 P10 to both the petitions), where at the end of the Notification the following endorsement appears: Rakesh Sukul: Digitally signed by Rakesh Sukul Date 2017.08.28 22:47:05+5 30 9. It is t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... legal position, the two notifications in the present case should prima facie be considered to have been published only on 28th August 2017. 12. It was in this context that the Petitioners approached this Court since their letters to the Respondents seeking clearance of the consignments met with no response. By an order dated 5th September, 2017 in both the petitions i.e. W.P. (C) Nos. 7838 and 7839 of 2017, while issuing notice to the Respondents, the Court recorded the statement on behalf of the Respondents that they would seek specific instructions on provisional release of the consignment imported by the Petitioners. The said two writ petitions were listed for further hearing today. 13. It transpires that on 5th September, 2017, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ught a pass over in the matters, of the petitions to confirm if the electronic publication of the Gazetted notifications took place on 28th August, 2017 and not earlier and to verify the identity of Mr. Rakesh Sukul who had uploaded the notifications as stated in para 8 above. However, after pass over, learned counsel for the Respondents were unable to confirm to the Court whether electronic publication of the Notifications in the Official Gazette took place at any time earlier than 28th August, 2017 and the identity of Mr. Sukul was not doubted. 17. The Court therefore, proceeds on the basis for the purpose of passing this order, that the two impugned notifications were published in the Gazette electronically in terms of Section 8 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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