Chinmay Mehulbhai Anand vs Principal Commissioner Of Custom
2021 Latest Caselaw 10850 Guj

      C/SCA/6012/2021                            ORDER DATED: 05/08/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 6012 of 2021

==========================================================
                        CHINMAY MEHULBHAI ANAND
                                  Versus
                    PRINCIPAL COMMISSIONER OF CUSTOM
==========================================================
Appearance:
MR SHUBHAM JHAJHARIA(10231) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2,3
==========================================================

     CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM
           NATH
           and
           HONOURABLE MR. JUSTICE BIREN VAISHNAV

                            Date : 05/08/2021
                             ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)

1. We have heard Shri Shubham Jhajharia, learned counsel

for the petitioner.

2. Connect with Special Civil application No.5340 of 2021.

3. Admit. Issue Notice.

4. Shri Jhajharia submits that the impugned notice has been

issued by an officer not duly authorized under law and as such

the same would be without jurisdiction. In support of his

submissions, he has placed reliance upon judgment of the

Supreme Court in case of M/s. Canon India Private Limited

vs. Commissioner of Customs in Civil Appeal No.1827 of

2018 dated 09.03.2021.

C/SCA/6012/2021 ORDER DATED: 05/08/2021

5. Prima facie case for interim relief is made out. As an

interim measure, it is provided that no recovery be made from

the petitioner pursuant to the impugned order of adjudication

dated 06.10.2020. We further leave it open to the petitioner to

file the statutory appeal. The Appellate Authority may not

insist for the deposit of the statutory amount for entertaining

the appeal and may not dismiss the same on the said ground

during the pendency of this petition.

Direct service is permitted.

(VIKRAM NATH, CJ)

(BIREN VAISHNAV, J) GAURAV J THAKER