Kerala High Court
M/S. Skylark Office Machines vs The Commissioner Of Customs on 5 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
WP(C) NO. 12225 OF 2022
PETITIONER:
M/S. SKYLARK OFFICE MACHINES,
SHOP NO.4, GROUND FLOOR, DOOR NO.10, AZIZ MULK, 4TH
STREET, THOUSAND LIGHTS, CHENNAI-600 006, REPRESENTED
BY ITS PROPRIETOR, ROHIT JHUNJHUNWALA, AGED 33 YEARS,
S/O.PAWAN KUMAR JHUNJHUNWALA, R/O C-102, DLT COMMANDERS
COURT, 49, ETHIRAJ SALAI, EGMORE, CHENNAI-600 008.
BY ADVS.
P.A.AUGUSTIAN
JOVIT LOBO
RESPONDENT:
1 THE COMMISSIONER OF CUSTOMS,
CUSTOM HOUSE, WILLINGTON ISLAND, COCHIN-682 009.
2 THE DEPUTY COMMISSIONER OF CUSTOMS,
CUSTOM HOUSE, WILLINGTON ISLAND, COCHIN-682 009.
OTHER PRESENT:
SC-SRI P.R SREEJITH.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12225 OF 2022
2
BECHU KURIAN THOMAS, J.
===========================
W.P.(C) No.12225 of 2022
============================
Dated this the 5th day of April, 2022
JUDGMENT
Petitioner seeks directions to release the goods covered by
Ext.P2 Order-in-Original dated 23.03.2022.
2. Petitioner had imported used Digital Multifunction
Machines (DMFM) through the Cochin Port in 2016. Alleging
that the goods imported comes under the provisions of
Hazardous and Other Wastes (Management & Transboundary
Movement) Rules, 2016, the goods were confiscated as per
Ext.P2 Order-in-Original and was directed to be redeemed for re-
export, after levying customs duty, redemption fine and penalty.
3. Sri.P.A.Augustine, learned counsel for the petitioner
relied upon the judgments of this Court in Customs Appeal No.6
of 2019 and connected cases where this Court had directed the
WP(C) NO. 12225 OF 2022
goods to be released on payment of the customs duty,
redemption fine and penalty apart from furnishing a bond.
Reliance was also placed upon the orders of the Supreme Court
directing release of the goods after noticing that the goods
involved became prohibited only from 01.04.2020.
4. Having regard to the facts and circumstances
mentioned above, I am of the view that petitioner is entitled to
the same relief as in Customs Appeal No.6 of 2019 and
connected cases.
5. Accordingly, I direct the first respondent to release
the goods covered by Ext.P2 Order-in-Original to the petitioner
on it paying the customs duty, redemption fine and penalty
imposed as per Ext.P2 and on furnishing a surety bond for the
market value of the goods minus that imposed on the petitioner
as redemption fee within a period of two months from the date
of receipt of a copy of this judgment, failing which the
respondents shall be free to initiate proceedings as contemplated
WP(C) NO. 12225 OF 2022
in the judgment dated 07.12.2020 in Customs Appeal No.6 of
2019 and connected cases.
The writ petition is disposed with the above observations.
Sd/-
BECHU KURIAN THOMAS
JUDGE
ssa/
WP(C) NO. 12225 OF 2022
APPENDIX OF WP(C) 12225/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 07.12.2020 IN
CUSTOMS APPEAL NO.6 TO 10 AND 12 TO 14/2019.
Exhibit P2 TRUE COPY OF THE ORDER-IN-ORIGINAL NO.43/2022
DATED 23.03.2022.
Exhibit P3 TRUE COPY OF THE ORDER DATED 10.08.2021 IN WA
NO.1010/2021.
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 11.02.2022 IN
WPC NO.4667/202.
Exhibit P5 TRUE COPY OF THE ORDER DATED 18.09.2020 IN
SLP (C) NO.17307 OF 2019.
Exhibit P6 TRUE COPY OF THE ORDER DATED 11.08.2021 IN
SLP(C) NO.7565/2021.
