Zakir Khan vs The Additional Commissioner Of ...
2022 Latest Caselaw 1745 Cal/2

OD - 1

                          ORDER SHEET
                         WPO/2172/2022
                 IN THE HIGH COURT AT CALCUTTA
                CONSTITUTIONAL WRIT JURISDICTION
                          ORIGINAL SIDE

                      ZAKIR KHAN
                          VS
 THE ADDITIONAL COMMISSIONER OF CUSTOMS(PORT) AND ORS.


BEFORE:
The Hon'ble JUSTICE MD. NIZAMUDDIN
Date : 14th June, 2022.
                                                                    Appearance:
                                                   Mr. Farook M. Razack, Sr.Adv.
                                                        Mr. Manoj Malhotra, Adv.
                                                    Mr. Ravi Kumar Dubey, Adv.
                                                             ...For the Petitioner

                                                          Mr. Kaushik Dey, Adv.
                                                         Mr. Tapan Bhanja, Adv.
                                                          ...For the respondents

The Court : Both the parties are present.

This matter was heard on 19th May, 2022 and some interim

protection was given to the petitioner by recording that a pure

question of law involved in this writ petition is that as to whether the

judgment of Hon'ble Supreme Court in the case of Canon India Private

Limited vs. Commissioner of Customs reported in 2021 SCC OnLine

SC 200 is applicable to the present case which is being contested by

Mr. Dey by contending that the said judgment is not applicable in the

facts and circumstances of the case.

Since this Court has granted some interim protection to the

petitioner by making above observation that some pure question of

law and interpretation of the judgment of the Hon'ble Supreme Court

are involved in this writ petition, I do not wish to dispose this matter

at the motion stage without giving an opportunity to the respondent to

file affidavit-in-opposition.

Let the respondents file affidavit-in-opposition by 27th June,

2022. Petitioner to file reply thereto, if any, by 8th July, 2022. List this

matter for final hearing at the top on 19th July, 2022.

Interim order in the matter passed earlier shall continue till 29th

July, 2022 or until further order whichever is earlier.

At the time of hearing, both the parties should be ready with

short written notes of arguments.

(MD. NIZAMUDDIN, J.) TR/