TMI Blog2021 (6) TMI 1004X X X X Extracts X X X X X X X X Extracts X X X X ..... provisional release. Since the DRI has taken up the matter for investigation, the appellant seeks for provisional release of the cargo, which has been imported by them, seized by the DRI and presently lying in the Tuticorin Port. If such is the prayer sought for by the appellant, then reasonable time should be granted to the Competent Authority to take a decision on such an application or representation being filed for provisional release of the cargo. There is no formal request made to the Competent Authority, who is stated to be the Commissioner of Customs, Tuticorin, praying for provisional release of the cargo. Therefore, in our considered view, the prayer as couched in the writ petition is premature and no Writ of Mandamus could ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... This appeal filed by the writ petitioner is directed against the order dated 27.05.2021 in W.M.P(MD).No.7249 of 2021 in W.P.(MD) No.9516 of 2021. It is an interim direction passed in the writ petition. The appellant being aggrieved by the conditions imposed by the learned Single Bench is before us by way of this Writ Appeal. 2. We have elaborately heard Mr.Vijay Narayan, learned Senior Counsel, assisted by Dr.S.Krishnanandh, learned counsel appearing for the appellant and Mr.B.Vijay Karthikeyan, learned Standing Counsel appearing for the respondents. With consent on either side, we dispose of this Writ Appeal as well as the Writ Petition by this Common judgment and order. 3. The facts of the case, which are necessary for the disposal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant has got no domain over the goods and the conditions imposed are unworkable and he has not been permitted to clear the goods. Since the prayer sought for is for a blanket relief, the DRI has filed counter affidavit in the writ petition, as to what is the material gathered during investigation up to this stage and justified their seizure by mahazar dated 19.05.2021. 5. In our considered view, there is no necessity for this Court to go into the aspect with regard to the investigation, which is being carried on by DRI, Tuticorin, because the issue involved in the writ petition is whether the goods imported by the appellant can be released by the Customs Authority, either by way of a release in total or by way of a provisional release. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uishable and it is based upon a conduct of the importer, who knowingly misrepresented and obtained an interim order from the High Court of Rajasthan and which was dealt with by the Honourable Supreme Court in the case of Union of India Ors., vs. Agricas LLP Ors.,. 10. In our considered view, it will be too early for us to examine the aspects now placed before us by the appellant as well as the Department, because, there is a clear dichotomy between the request made by the appellant before us for provisional release and the investigation, which is now being conducted by the DRI. The appellant cannot mix up both, as both are independent to each other. 11. In any event, if a request is made by the appellant for provisional releas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or clearance of the goods. If that is so, it will be well open to the appellant to place copy of such an order for consideration of the Commissioner of Customs, Tuticorin, while filing the application for provisional release. 15. For the above reasons, the Writ Appeal is allowed and the interim direction issued in the writ petition is set aside. Consequently, the writ petition stands disposed of by directing the appellant to file a proper application for grant of provisional release of the cargo along with their submissions as well as the documents which they propose to rely upon and the Commissioner of Customs, Tuticorin, shall fix the date for personal hearing, preferably, through video conferencing, since the appellant is stated to be ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
