The Commissioner vs Jennis.K.L
2021 Latest Caselaw 16001 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                      THE HONOURABLE MR. JUSTICE A.M.BADAR

            MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943

                               RP NO. 505 OF 2021

                                        IN

                             WP(C) NO.13916 OF 2021

AGAINST THE INTERIM ORDER DATED 27-07-2021 IN WP(C) 13916/2021 OF HIGH COURT OF

                               KERALA, ERNAKULAM

REVIEW PETITIONERS/R1 TO 3 & ADDL R5 IN WP(C):

     1       THE COMMISSIONER,
             CUSTOMS PREVENTIVE COMMISSIONERATE,
             5THE FLOOR, CATHOLIC CENTRE, BROADWAY,
             COCHIN 682 031.
     2       JOINT COMMISSIONER OF CUSTOMS,
             CUSTOMS PREVENTIVE COMMISSIONERATE,
             5TH FLOOR, CATHOLIC CENTRE, BROADWAY,
             COCHIN 682 031.
     3       OFFICE OF THE SUPERINTENDENT OF CUSTOMS,
             CUSTOMS PREVENTIVE UNIT, PALAKKAD-1, 678 001.

     4       ASSISTANT COMMISSIONER,
             OFFICE OF THE ASSISTANT COMMISSIONER (PREVENTIVE), THRISSUR
             DIVISION, S.T.NAGAR, THRISSUR - 680 001.

             BY ADV SHRI.P.VIJAYAKUMAR, ASG OF INDIA


RESPONDENTS/PETITIONER & R4 IN WP(C):

     1       JENNIS K.L.,
             AGED 53 YEARS,
             S/O LONAPPAN,
             KOTTALUKARAN HOUSE,
             NAMBIAR ROAD P.O.,PUTHUR,
             THRISSUR TALUK, THRISSUR DISTRICT 680014.
     2       INSPECTOR,
             RAILWAY PROTECTION FORCE/ CRIME INTELLIGENCE WING (RPF/ CIB) ,
             PALAKKAD - 678 001.

             BY SRI. RAJITH, STANDING COUNSEL
             BY SRI. DINESH RAO A., STANDING COUNSEL (RLY)




      THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 02.08.2021, THE COURT

ON THE SAME DAY DELIVERED THE FOLLOWING:
 R.P. NO. 505 OF 2021
                                     2




                                   ORDER

Dated this the 02nd day of August 2021

Heard the learned counsel appearing

for the review petitioner. He submits that

the order under Section 110A of the Customs

Act is passed contrary to the provisions of

the circular at Annexure A1 dated 16-08-2017.

If that be so, the Department has remedy to

challenge the said order. It is reported that

the said order is not stayed until now by any

of the Court or Tribunal. In fact the review

application is an appeal in disguise. No

scope of review is seen to vary the order

passed by this Court.

The application is accordingly

dismissed.

Sd/-

A.M.BADAR JUDGE SSK/02/08 R.P. NO. 505 OF 2021

APPENDIX OF RP 505/2021

PETITIONER ANNEXURE

Annexure A1 TRUE COPY OF THE CIRCULAR NO. 35 OF 2017 ISSUED BY THE CENTRAL BOARD OF EXCISE AND CUSTOMS DATED 16.08.2017

Annexure A2 TRUE COPY OF THE REVIEW ORDER NO.3/21 ISSUED BY THE O/O CHIEF COMMISSIONER OF CUSTOMS DATED 15.07.2021

Annexure A3 TRUE COPY OF THE JUDGMENT IN WA 919 OF 2021 DATED 23.07.2021

SSK //TRUE COPY// PA TO JUDGE