Full Text
HIGH COURT OF DELHI
Date of Decision: 09th DECEMBER, 2024
NARENDRA PATIL .....Petitioner
Through: Mr. Ayush Jain, Advocate (through V.C.)
Through: Mr. Atul Tripathi, SSC, CBIC
SUNIL PATIL .....Petitioner
Through: Mr. Ayush Jain, Advocate (through V.C.)
Through: Mr. Atul Tripathi, SSC, CBIC
Sh. Nitin Raj, Superintendent, Office of Commissioner of Customs, General, New Custom House
JUDGMENT
1. By virtue of a common order dated 08.02.2024 passed by learned Division Bench of this Court in WP(C) 12295/2023 and WP(C) 14464/2023, the respondents were directed to release the articles in question i.e. gold chains to the concerned petitioners on their depositing custom duty with the CONT.CAS(C) 1641/2024 & 2 Authorities.
2. Learned counsel for the petitioners submits that not only the custom duty, even the penalty amount has been deposited by the petitioners but despite that and despite there being specific directions passed by learned Division Bench of this Court, the gold chains have yet not been released.
3. When the above said petitions were taken up by this Court on 16.10.2024, it was apprised that the respondents were seeking exorbitant amount qua warehouse charges. This Court felt that it appeared to be a case of sheer harassment and, therefore, there was a direction to file a short affidavit within a period of four weeks and the concerned official was also directed to appear though video conferencing.
4. No affidavit has been filed.
5. However, Sh. Nitin Raj, Superintendent, Office of Commissioner of Customs, General, New Custom House, has joined the proceedings through video conferencing.
6. This Court has gone through the specific directions contained in the above said order dated 08.02.2024. Fact remains that since the detention of the goods in question was not in consonance with the legal provisions, the Custom Department cannot be permitted to detain or hold back the articles on the premise that warehouse charges were to be paid first.
7. After hearing arguments for some time, learned counsel for the respondents submits that if the above said aspect is clarified and their right to recover the ground rent/warehouse charges is left open, it will be ensured that the gold chains are released without any further delay.
8. Sh. Nitin Raj, Superintendent, Office of Commissioner of Customs (General), New Custom House has also stated during the hearing that if there is CONT.CAS(C) 1641/2024 & 3 an order to that effect, it will be ensured that the chains are released to the respective petitioners within a period of one week from today.
9. Above said statements are taken on record.
10. Accordingly, the respondents are directed to release the gold chains in question to the respective petitioners within one week from today without insisting for payment of any ground rent/warehouse charges. However, the respondents would be at liberty to take any permissible separate action to recover such ground rent or warehouse charges from the petitioners in accordance with law.
11. Let the chains, accordingly, be released within one week from today.
12. Both the petitions are, accordingly, disposed of in the aforesaid terms.
13. However, in case the chains are not released even after expiry of the above said period of one week, the petitioners would be at liberty to revive the present petitions.
14. Copy of the order be given Dasti under the signatures of the Court Master.
JUDGE DECEMBER 09, 2024