TMI Blog2001 (6) TMI 66X X X X Extracts X X X X X X X X Extracts X X X X ..... o. 87/-, dated 6-1-1986 and (ii) I.M. No. 23/86 with such further or other order or orders as this Honourable Court might deem fit. 2.The very same writ petitioner filed W.P. No. 16951 of 1992 praying for the issue of a writ of certiorari to call for records in file No. 9/82/Hq/88-89 ECA. I/3131/3937/2988 from Respondent No. 3 herein and quash the adjudication order dated 23rd September, 1991/3-8-1992 ANNEXURE 'S' passed by the Respondent No. 3 with such further or other order or orders as this Honourable Court might deem fit. 3.The last of the writ petition has also been filed by the very same petitioner praying for the issue of a writ in the nature of certiorari calling for records in F.No. 11/34/86/ECA Bombay/2172 on the file of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner took the Court through the common affidavit filed in support of the writ petitions as well as the counter affidavit filed on behalf of the respondents and contended that the impugned proceedings are liable to be quashed, and that the petitioner shall not be asked to go before the appellate authority merely because the petitioner had not exhausted the appeal remedy. 7.The learned Counsel for the petitioner also contended that the respondents have acted not only arbitrarily, but also maliciously and vindictively with a view to harass the petitioner and, therefore, the petitioner would be justified in coming before this Court. Mr. Ranka also referred to various events, which according to him will reflect on the conduct of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ause of this Court issuing a Rule Nisi. However, on that score, learned Counsel for the petitioner will not be justified in contending that the remedy of statutory appeal is not a efficacious remedy. 10.As against the order, which is impugned in W.P. No. 16950 of 1992, a remedy of appeal is available under Section 129B(2) before the Special Bench of the Customs, Excise and Gold (Control) Appellate Tribunal having its Registry at Madras. As against the order impugned in the said writ petition, which is dated 26-9-1986, only during the year 1992, the petitioner had filed the present writ petition where there is a delay of more than six years in moving the writ petition. This is fatal. 11.In respect of W.P. No. 16951 of 1992, as against th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... et for six years had approached this Court. On this ground alone, these writ petitions are liable to be dismissed. 14.Having allowed the orders of adjudication or other proceedings to become final, it is not open to the petitioner to come before this Court after the expiry of six years and move the present writ petitions. Such a delay is fatal to the writ petitions. It is true that the writ petitions have been pending, but on that score, the petitioner cannot be allowed to contend that this Court will not dismiss the writ petition as highly belated or for latches. Further, the delay being inordinate, it has to be taken that the petitioner had accepted the order and as an after thought the present writ petitions have been moved. 15.In th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lso be challenged before the Supreme Court. When there is efficacious alternative remedy provided, it would not be just and appropriate for this Court even to adjudicate upon the validity of the Order of the Collector. Even otherwise, the validity of the order of Collector cannot appropriately be adjudicated ignoring the appeal provision. There would be no reason whatsoever to pass on order for directing the release of the confiscated goods, without adjudicating the validity of the order of the Collector, directing confiscation of the goods. It may be pointed out that directing or relating of the goods would arise only, if it is found that the confiscation ordered is not sustainable. The redemption of the goods can be allowed only if the go ..... X X X X Extracts X X X X X X X X Extracts X X X X
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