Kerala High Court
Abdul Rahiman Bappaithotty ... vs Commissioner Of Customs on 30 September, 2021
W.P.(C)No. 20245 of 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
WP(C) NO. 20245 OF 2021
PETITIONER:
ABDUL RAHIMAN BAPPAITHOTTY ANWARSADIQ,
AGED 38 YEARS
S/O.ABDUL RAHIMAN, R/O.ASLAM MANZIL, BAPPAITHOTTY
P.O., UPPALA, KASARGOD, KERALA-671 322.
BY ADVS.
P.A.AUGUSTIAN
JOVIT LOBO
RESPONDENTS:
1 COMMISSIONER OF CUSTOMS,
CUSTOMS HOUSE, WILLINGTON ISLAND, COCHIN-682 009.
2 DEPUTY COMMISSIONER OF CUSTOMS (IMPORT),
CUSTOMS HOUSE, WILLINGTON ISLAND, COCHIN-682 009.
BY ADV RAJESH. K.RAJU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No. 20245 of 2021
3
BECHU KURIAN THOMAS, J.
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W.P.(C)No. 20245 of 2021
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Dated this the 30th day of September, 2021
JUDGMENT
Petitioner claims to be a Non Resident Indian and claims
the benefit of transfer of residence. He imported a used car
for his personal use. The Customs imposed a duty of
Rs.10,81,032/- and a fine of Rs.45,000/- towards delay in
filing the bill of entry. It is submitted that by Ext.P3,
petitioner had paid the amounts. However, the car is under
detention of the respondents and for the last several days
the vehicle remains detained. According to the petitioner,
the delay in releasing the vehicle is causing loss to the
petitioner.
2. The agent of the petitioner has filed Ext. P4
seeking provisional release of the vehicle relying upon Ext.P5
letter issued by the Ministry of Finance. It is submitted by
Adv. P. A. Augustian, the learned Counsel for petitioner, that
W.P.(C)No. 20245 of 2021
each days delay, in considering Ext. P4 is causing irreparable
harm and hardship to the petitioner.
3. I have heard Adv. Rajesh K. Raju, the learned
Standing Counsel on behalf of the respondents.
Having regard to the contentions raised and the
pleadings in the writ petition, I am of the view that this writ
petition can be disposed of directing the first respondent to
consider and pass orders upon Ext. P4 after hearing the
petitioner or his agent as expeditiously as possible at any
rate within an outer period of 10 days from the date of
receipt of a copy of this judgment.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJ/30.09.2021
W.P.(C)No. 20245 of 2021
APPENDIX OF WP(C) 20245/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE INVOICE NO.3677 DATED
03.03.2021 ISSUED BY CAR DEALER M/S.
UNIQUE MOTORS, UAE.
Exhibit P2 TRUE COPY OF THE ASSESSED B/E NO.5384472
DATED 09.09.2021.
Exhibit P3 TRUE COPY OF THE CHALLAN DATED
15.09.2021 EVIDENCING PAYMENT OF CUSTOMS
DUTY AND FINE FOR DELAY IN FILING THE
B/E.
Exhibit P4 TRUE COPY OF THE LETTER DATED
17.09.2021.
Exhibit P5 TRUE COPY OF THE CIRCULAR F
NO.715/7/2005-CUS(AS) DATED 02.09.2005
ISSUED BY MINISTRY OF FINANCE.
