Amresh Kumar Porp. Mukut Exim vs Commissioner Customs
2019 Latest Caselaw 6320 Del

$~17 & 18
*       IN THE HIGH COURT OF DELHI AT NEW DELHI
%                               Date of Decision: 6th December, 2019
+       W.P.(C) 4469/2019
        AMRESH KUMAR PORP. MUKUT EXIM ..... Petitioner
                     Through: Mr.Padam Kant Saxena, Adv. with
                     Mr.Pramod Kant Saxena & Ms.Aeshna Dahiya,
                     Advs.
                Versus
        COMMISSIONER CUSTOMS                   ..... Respondent
                        Through: Mr.Amit     Bansal,     Adv.   with
                        Mr.Aman Rewaria, Adv. & Ms.Vipasha Mishra,
                        Adv.
+       W.P.(C) 4529/2019
        NARENDERA KUMAR SAINI                  ..... Petitioner
                     Through: Mr.Padam Kant Saxena, Adv. with
                     Mr.Pramod Kant Saxena & Ms.Aeshna Dahiya,
                     Adv.
                Versus
        COMMISSIONER CUSTOM AIR CARGO
        EXPORT NEW DELHI                    ..... Respondent
                     Through: Mr.Amit     Bansal,     Adv.   with
                     Mr.Aman Rewaria, Adv. & Ms.Vipasha Mishra,
                     Adv.
        CORAM:
        HON'BLE THE CHIEF JUSTICE
        HON'BLE MR. JUSTICE C.HARI SHANKAR
                                ORDER

: D. N. PATEL, Chief Justice (Oral)

1. These writ petitions have been preferred for release of the seized goods by the Custom Department. In W.P.(C) No.4469/2019 the seized goods relates to "polyester knitted boys shorts" and in W.P.(C)No.4529/2019 relates to "Herbal Heena Mehandi", both meant for export. This seizure was made in both the cases on 08.10.2018.

2. Looking to the facts and circumstances of the case and after hearing the learned counsel for both sides, it appears that the time limit to issue the show cause notice was extended on 04.04.2019.

3. Learned counsel for the respondent submitted that on 30.09.2019, common show cause notices have been issued for the goods which were seized and no reply has been filed to these show cause notices till date.

4. It is further submitted by learned counsel for the respondent that at the request of these petitioners, order for provisional release of the goods have also been passed by the respondent in both the cases vide orders dated 27.12.2018 & 12.02.2019.

5. Since orders for provisional release of the goods have already been passed in both the cases, we see no reason to entertain these writ petitions for quashing of the seizure order dated 08.10.2018. The petitioners can always avail the benefits under the provisions of the Customs Act, 1962 and the Rules made thereunder, and as per policy floated by the respondent. If the petitioners are aggrieved by any further actions of the respondent, they can always initiate litigation before the appropriate forum in accordance with law.

6. With these observations, these writ petitions are hereby dismissed.

CHIEF JUSTICE

C.HARI SHANKAR, J.

DECEMBER 06, 2019/aa