Duvvala Bhaskar vs Commissioner Of Customs
2022 Latest Caselaw 1363 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                 THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
          Tuesday, the 1st day of February 2022 / 12th Magha, 1943
                       W.P.(C) NO. 28305 OF 2021 (K)
PETITIONER:

     DUVVALA BHASKAR, AGED 35 YEARS, S/O. PEDDA GANGARAM DUVVALA, R/O.
     3-19, MUCHKOOR, BHEEMGAL, NIZAMABAD, TELUNGANA, INDIA-503307,
     REPRESENTED BY POWER OF ATTORNEY HOLDER, M.G.THOMAS PIOUS, AGED 50
     YEARS, S/O. M.J.GEORGE, R/O. BISHOP GARDEN, PATTALAM, COCHIN-682001.

RESPONDENTS:

  1. COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE, WILLINGTON ISLAND,
     COCHIN-682009.
  2. DEPUTY COMMISSIONER OF CUSTOMS (IMPORT), CUSTOMS HOUSE, WILLINGTON
     ISLAND, COCHIN-682009.
  3. COMMISSIONER OF CUSTOMS (APPEALS), CUSTOMS HOUSE, WILLINGTON ISLAND,
     COCHIN-682009.

     Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to issue an interim order directing the respondent No.1 & 2 to
allow release of the car imported by the petitioner under Ext.P2 Bill of
Entry on any condition as deemed fit and proper by this Hon'ble Court.
     This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
06.01.2022 and upon hearing the arguments of M/S.P.A.AUGUSTIAN & JOVIT
LOBO, Advocates for the petitioners, SRI.RAJESH. K.RAJU, Standing Counsel
for the respondents, the court passed the following:

                                                                     [P.T.O.]
                      BECHU KURIAN THOMAS, J.
                    =-=-=-=-=-=-=-=-=-=-=-=-=-=
                      W.P.(C) No.28297 of 2021
                                    &
                      W.P.(C) No.28305 of 2021
                    =-=-=-=-=-=-=-=-=-=-=-=-=-=
                Dated this the 1st day of February, 2022



                                  ORDER

Petitioners had approached this Court through WP(C) No.20244

of 2021 seeking release of their cars detained by the respondents. By

judgment dated 30.09.2021, this Court directed the Commissioner of

Customs, Cochin to consider the application for provisional release of the

cars and pass appropriate orders within an outer period of ten days from

the date of receipt of a copy of the judgment. Thereafter, Ext.P9 orders

were issued rejecting the request for provisional release.

2. Challenging Ext.P9 orders, appeals were filed before the

Commissioner (Appeals) and since the office of the Commissioner

(Appeals) in Cochin was remaining vacant, the same were transmitted to

Chennai. The learned Standing Counsel further submitted that the appeals

were thereafter heard on 21.12.2021 and that orders are awaited.

3. This Court notices that similar submissions were made by

the learned Standing Counsel on 06.01.2022 too. More than 35 days have

elapsed since the hearing took place and no orders have been passed. The

learned Standing Counsel seeks further time. He submitted that the

Commissioner (Appeals) who heard the appeal is aware about the W.P.(C) No.28297 of 2021 & W.P.(C) No.28305 of 2021

prejudice caused to the petitioners due to the delay in passing orders. The

learned Standing Counsel asserts that the orders will be passed before the

next posting. The said submission is recorded.

Post after two weeks.

Sd/-

                                             BECHU KURIAN THOMAS, JUDGE
    RKM




01-02-2022                     /True Copy/                       Assistant Registrar