B M EXPORTS INC v. COMMISSIONER OF CUSTOMS (EXPORT) ICD TKD

Delhi High Court · 11 Jun 2015 · 2015:DHC:11153
JUSTICE S. MURALIDHAR
W.P.(C) 5969/2015
2015:DHC:11153
administrative petition_allowed

AI Summary

The Delhi High Court directed the Commissioner of Customs to provide the petitioner copies of all relied-upon documents for fair proceedings, while clarifying that physical electronic equipment returned to the Customs House Agent must be claimed from the agent.

Full Text
Translation output
$-15 HIGH COURT OF DELHI
W.P.(C) 5969/2015
B M EXPORTS INC Petitioner
Through: Dr. O.K. Sarkar, Ms. Malbika Sarkar and Mr. Prashant Srivastava, Advocates
VERSUS
COMMISSIONER OF CUSTOMS (EXPORT)
ICD TKD Respondent
Through: Mr. Satish Kumar, Senior Govt.
Standing Counsel
CORAM: JUSTICE S.MURALIDHAR
11.06.2015 CM. No. 10823/2015 (EXEMPTION)
1.Exemption allowed subjectto alljust exceptions.
ORDER

2. Application is disposed of. CM. No. 10822/2015 in W.P.(C) 5969/2015

3. Notice. Mr. Satish Kumar, Senior Govt. Standing Counsel accepts notice on behalf ofRespondent.

4. The Court has perused the letter dated 4^^ June, 2015 passed by the Commissioner of Customs (CoC), Tughlakabad, New Delhi. The only issue as far asthe present petition is concerned isthatthePetitioner requires W.P.(C) 5969/2015 Page 1of[2] 2015:DHC:11153 copies of the non relied-upon documents (non RUD), CPU and laptop, etc. The said order states that the laptop and CPU have already been returned to the CustomsHouse Agent (CHA) ofthe Petitioner. Therefore, for return of those equipments, the Petitioner will have to approach the CHA.

5. However, it is directed that the Respondent will provide to the Petitioner copies of all the relied-upon documents, including soft copies of electronic % records, ifany, ifnot on 12^ June, 2015 when the matter is listed before the CoC, then not later than two weeks thereafter. Further proceedings before. the CoC will continue after the Petitioner has been provided the complete set of relied upon documents with cost of making copies of such documents being borne by the Petitioner.

6. The petition is disposed of in the above terms.

7. Copy ofthe order be given dasti under the signatureofthe Court Master.