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THE HIGH COURT OF DELIII AT NEW DELHI
PARVINDER w.P.(c) 8090t20r2
SINGH KHURANA ..... Pctitioncr fhrough: Ms. Reena ltawat, proxy for
Mr. Pivush Kumar. Advocate.
VEISUS
COMMISSIONER OF CUSTOMS AND ANR ..... Respondents
Through: Mr. Karnal Nijhawan, Sr. Standing
Counsel with Mr. Surnit Gaur. Advocatc for
Resp-l.
Mr. Satish Aggarwala with Ms. Khushboo Garg, Advocates for DRI.
I
$-14
*IN
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THE HIGH COURT OF DELIII AT NEW DELHI
PARVINDER w.P.(c) 8090t20r2
SINGH KHURANA ..... Pctitioncr fhrough: Ms. Reena ltawat, proxy for
Mr. Pivush Kumar. Advocate.
VEISUS
COMMISSIONER OF CUSTOMS AND ANR ..... Respondents
Through: Mr. Karnal Nijhawan, Sr. Standing
Counsel with Mr. Surnit Gaur. Advocatc for
Resp-l.
Mr. Satish Aggarwala with Ms. Khushboo Garg, Advocates for DRI.
CORAM:
IION'BLE MR. JUSTICE S. RAVINDRA BIIAT
IION'BLI] MR. JUSTICE R.V.EASWAR oh 21.12.2012
Issuc notice. Mr. Karnal Nijhawan, Sr. Standing Counsel acccpts notice on behall of respondent no.1, and Ml. Satish Aggarwala, Advocale accepts noticc on behalf of
DRI.
In this wlit petition the petitioner seeks rclease of bank guarantec issucd in favout' of the Comrnissioner Customs as condition fol the provisional rclease of thc ordcrs of cars/ vchiclcs seizcd under section 1 10 of the Customs Act. I'hc petitioner claims a direction in the nature of declaration that since the statutory period of one year has expired under section 110 of the Customs Act on 25.04.2012. and the authorities have not yet issued any show-cause notice under section 124 of the Customs Act, the goods are entitled to bc releascd rurconditionally.
Learned counsel for the respondent/CEsT'AlTcustoms autholities states otl instructions fi'om Mr. Sanjay Kumar Roy, Dy. Comrnissioner (Legal) that appropliatc t
!l, I
2012:DHC:10169-DB i? jj'
C orders for the release of bank guarantee and also consequential ordels applying the law declared tn Jatin Ahttja v. (Jnion of India & Ors. (W.P. (C) No.295212012 decided on
04.09.2012) would be issued in tune with Section 110 of the Customs Act within a week.
'I'he respondents are accordingly directed to release the bank guarantec and also issttc consequential ordcr as assured within two weeks flom today. 'fhe writ petition is accordingly allowed in the above terms.
Order dasti.
DECEMI}n'rR21,2012
/vks/
RAVINDI{A I}IIAT, J ltt
}'\Il./kl t, n.V.r,:aswAt{, J
S. t
I a
2012:DHC:10169-DB
IION'BLI] MR. JUSTICE R.V.EASWAR oh 21.12.2012
Issuc notice. Mr. Karnal Nijhawan, Sr. Standing Counsel acccpts notice on behall of respondent no.1, and Ml. Satish Aggarwala, Advocale accepts noticc on behalf of
DRI.
In this wlit petition the petitioner seeks rclease of bank guarantec issucd in favout' of the Comrnissioner Customs as condition fol the provisional rclease of thc ordcrs of cars/ vchiclcs seizcd under section 1 10 of the Customs Act. I'hc petitioner claims a direction in the nature of declaration that since the statutory period of one year has expired under section 110 of the Customs Act on 25.04.2012. and the authorities have not yet issued any show-cause notice under section 124 of the Customs Act, the goods are entitled to bc releascd rurconditionally.
Learned counsel for the respondent/CEsT'AlTcustoms autholities states otl instructions fi'om Mr. Sanjay Kumar Roy, Dy. Comrnissioner (Legal) that appropliatc t
!l, I
2012:DHC:10169-DB i? jj'
C orders for the release of bank guarantee and also consequential ordels applying the law declared tn Jatin Ahttja v. (Jnion of India & Ors. (W.P. (C) No.295212012 decided on
04.09.2012) would be issued in tune with Section 110 of the Customs Act within a week.
'I'he respondents are accordingly directed to release the bank guarantec and also issttc consequential ordcr as assured within two weeks flom today. 'fhe writ petition is accordingly allowed in the above terms.
Order dasti.
DECEMI}n'rR21,2012
/vks/
RAVINDI{A I}IIAT, J ltt
}'\Il./kl t, n.V.r,:aswAt{, J
S. t
I a
2012:DHC:10169-DB
JUDGMENT