TMI Blog2019 (6) TMI 1162X X X X Extracts X X X X X X X X Extracts X X X X ..... Freight Link, Sahnewal, Ludhiana i.e. respondent No. 3 to pass a fresh order in respect of provisional release of the goods after affording an opportunity of hearing to the authorised representative of the petitioner-Firm and by passing a speaking order in accordance with law - appeal allowed by way of remand. - Civil Writ Petition No. 1304 of 2019 - - - Dated:- 7-3-2019 - Ajay Kumar Mitta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... may be noticed. The petitioner is an importer engaged in the business of import and trading of all kinds of multifunctional devices and in the course of business, it imported one consignment of 272 pieces of old and used digital multifunctional devices. On 12-9-2018, the petitioner purchased two consignments of Old Used Digital Multifunctional devices from M/s. Global Copier Resources Pvt. Ltd., ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12-2018 (Annexure P-9), Joint Commissioner, Customs Commissionerate, Sahnewal, Ludhiana i.e. respondent No. 3 had rejected the request of the petitioner for provisional release of the goods. Hence the present writ petition. 3. Learned Counsel for the petitioner claimed that in view of the order dated 24-1-2019 passed by the Supreme Court in Civil Appeal No(s). 1057 of 2019, titled as Comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , dated 17-10-2018 but failed to produce valid authorization as stipulated in Para 2.31 of the Foreign Trade Policy. It was claimed that the import of the said goods was in violation of the provisions of Para 2.31 of the Foreign Trade Policy and the petitioner did not possess mandatory BIS Certification as per Electronics and IT Goods (Requirement for Compulsory Registration Order) (CRO), 2012 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exure P-9) is set aside and the matter is remitted to the Joint Commissioner of Customs, Inland Container Depot, Gateway Rail Freight Link, Sahnewal, Ludhiana i.e. respondent No. 3 to pass a fresh order in respect of provisional release of the goods after affording an opportunity of hearing to the authorised representative of the petitioner-Firm and by passing a speaking order in accordance with l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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