Mrs. Rupa Jhunjhunwala vs Union Of India & Ors
2021 Latest Caselaw 5947 Cal

30.11.2021
   ks                      WPA 15746 of 2021
 sl. 51
                       Mrs. Rupa Jhunjhunwala
                                 Vs
                        Union of India & Ors.

             Mr. Arijit Chakrabarti,
             Mr. Prabir Bera,
             Miss. Arina Bhattacharyya
                           ... For the Petitioner.

             Mr. Rajashree Kundalia,
             Mr. Abhradip Maity
                       ... For the Respondent/Custom Authority.

Mr. Kaushik Dey ... For the DRI Authority.

Ms. Suparna Biswas ... For the UOI.

Heard learned Advocates appearing for the parties.

In this writ petition, the petitioner has challenged

the impugned order dated 19th April, 2021 being

Annexure P-6 to the writ petition on prayer before the

respondent concerned for release of the vehicle in

question by asking the petitioner to furnish Bank

guarantee/cash security of Rs.10 lakh by contending

that such condition is highly unreasonable.

Another grievance of the writ petitioner is against

the issuance of the impugned show-cause-notice

under Section 124 of the Custom Act by the

Directorate of Revenue Intelligence dated 23rd April,

2021 being Annexure-P-7 to the writ petition on the

ground of jurisdiction in view of the judgment of the

Hon'ble Supreme Court in the case of Canon India Pvt.

Ltd. vs. Commissioner of Custom, reported at

2021(376) ELT 3(SC) in favour of the petitioner.

   Learned        Advocate         appearing      for     the

respondent/Custom         Authority    opposing    the    writ

petition wants to rely on a Circular being No.35/2017-

Custom dated 16th December, 2017 in justification of

such impugned order dated 19th April, 2021.

Considering the submission of the parties, I am

inclined to pass the order giving liberty to the

petitioner to make a fresh representation before the

respondent No.5 for releasing of the vehicle in question

within two weeks from date and if such representation

is made before the respondent No.5, he will consider

the same in accordance with law and by passing a

reasoned and speaking order within two weeks from

the date of receipt of such representation.

Learned Advocate appearing for the respondent

further disputes the submission of the petitioner by

contending that the case of Canon India is not

applicable in the case of the petitioner.

Considering the submission of the parties on the

issuance of impugned show-cause-notice, I am of the

view that the same cannot be adjudicated without

calling for affidavits.

There is no scope of passing any interim order on

the issue of impugned show-cause-notice.

Respondents are directed to file affidavit-in-

opposition within three weeks after the X-mas

vacation. Petitioner to file reply thereto, if any, within

one week thereafter.

Matter to appear for final hearing two weeks after

the X-mas vacation.

At the time of hearing, both the parties should be

ready with the short written notes of argument.

( Md. Nizamuddin, J. )