Kerala High Court
R Krishnanprasad vs Commissioner Of Customs on 21 May, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.17940/2024 1/3 Order Date : 21-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Tuesday, the 21st day of May 2024 / 31st Vaisakha, 1946
WP(C) NO. 17940 OF 2024
PETITIONER:
R KRISHNANPRASAD, AGED 65 YEARS, S/O. RAMDAS, PROPRIETOR OF KARTHIKA
TRADERS, 55/517, VILAKKANAMKODE HOUSE, PATTENCHERRY, PALAKKAD,
KERALA, PIN-678532.
RESPONDENTS:
1. COMMISSIONER OF CUSTOMS, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE,
CUSTOM HOUSE, INDIRA GANDHI ROAD, WILLINGDON ISLAND, COCHIN,
PIN-682009
2. THE ASSISTANT COMMISSIONER OF CUSTOMS (APPG.), DEPARTMENT OF
REVENUE, MINISTRY OF FINANCE, CUSTOM HOUSE, INDIRA GANDHI ROAD,
WILLINGDON ISLAND, COCHIN , PIN - 682009
3. CENTRAL FERTILIZER QUALITY CONTROL AND TRAINING INSTITUTE, N.H.IV,
FARIDABAD, HARYANA, PIN- 121001
4. BUREAU OF INDIAN STANDARDS, REPRESENTED BY DIRECTOR GENERAL, BAHADUR
SHAH ZAFAR MARG, NEW DELHI, DELHI, PIN-110002
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 pass an interim order directing the Respondents to permit the
Petitioner to provisionally clear the goods covered by Ext. P-4 Bills of
Entry, pending consideration and disposal of this Writ Petition.
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
17.05.2024 and upon hearing the arguments of M/S ASWIN GOPAKUMAR, ANWIN
GOPAKUMAR, ADITYA VENUGOPALAN, SARANYA BABU, MAHESH CHANDRAN, ANGITA T.
MENON & ABHISHEK S, Advocates for the petitioner, SRI. P.G. JAYASHANKAR,
Advocate for R1 & R2 and of SRI. MANOJ RAMASWAMY,STANDING COUNCIL for R4,
the court passed the following:
WP(C) No.17940/2024 2/3 Order Date : 21-05-2024
MURALI PURUSHOTHAMAN, J.
---------------------------------------------
W.P.(C) No. 17940 OF 2024
-------------------------------------------------
Dated this the 21st day of May, 2024
ORDER
The learned Standing Counsel to get instructions from
the 3rd respondent.
Post on 24.05.2024.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
al/-.
WP(C) No.17940/2024 3/3 Order Date : 21-05-2024
APPENDIX OF WP(C) 17940/2024
Exhibit P1 A TRUE COPY OF THE PURCHASE ORDER DATED 31.01.2024
RELEASED TO THE PETITIONER BY KERALA CO-OPERATIVE MILK
MARKETING FEDERATION LIMITED
Exhibit P2 TRUE COPIES OF THE INVOICES, PACKING LISTS AND
CERTIFICATES OF ANALYSIS DATED 11.12.2023 ISSUED BY THE
FOREIGN SELLER
Exhibit P3 TRUE COPY OF THE COMBINED TRANSPORT BILLS OF LADING
DATED 25.12.2023 ISSUED BY THE SHIPPING LINE
Exhibit P4 TRUE COPIES OF THE BILLS OF ENTRY FOR HOME CONSUMPTION
DATED 30.12.2023 FILED BY THE PETITIONER UNDER SECTION
46 OF THE CUSTOMS ACT
Exhibit P5 TEST REPORT DRAWN UP BY THE CUSTOM HOUSE LABORATORY
DATED 24.01.2024
Exhibit P6 TRUE COPY OF THE OFFICE NOTE DATED 30.01.2024 ISSUED BY
THE APPRAISER
Exhibit P7 A TRUE COPY OF THE STATEMENT DATED 26.02.2024 FILED FOR
THE RESPONDENTS IN W.P(C) NO.5844/2024
Exhibit P8 TRUE COPIES OF THE JUDGMENTS IN W.P(C) NO.5844/2024
Exhibit P9 TRUE COPY OF THE JUDGMENT IN W.A NO.316/2024
Exhibit P10 THE TEST REPORT DATED 06.04.2024 ISSUED BY THE
LABORATORY WITH RESPECT TO THE SAMPLE GIVEN TO THE
PETITIONER
Exhibit P11 TRUE COPY OF THE PENALTY ORDER DATED 06.05.2024 ISSUED
TO THE PETITIONER BY THE KARNATAKA MILK FEDERATION FOR
NON-SUPPLY OF TECHNICAL GRADE UREA
Exhibit P12 TRUE COPY OF THE PENALTY ORDERS DATED 06.05.2024 ISSUED
TO THE PETITIONER BY THE KARNATAKA MILK FEDERATION FOR
NON-SUPPLY OF TECHNICAL GRADE UREA
Exhibit P13 , THE NOTICE DATED 24.04.2024 ISSUED TO THE PETITIONER
BY THE CONTAINER FREIGHT STATION FOR IMMEDIATE
CLEARANCE OF THE GOODS
Exhibit P14 TRUE COPY OF THE LATEST PURCHASE ORDERS DATED
15.03.2024 AND 30.03.2024 ISSUED TO THE PETITIONER BY
THE KERALA CO-OPERATIVE MILK MARKETING FEDERATION
LIMITED
Exhibit P15 TRUE COPY LABORATORY TEST REPORT DATED 21.01.2024
ISSUED BY THE KARNATAKA MILK FEDERATION
