Vinay Aggarwal v. Directorate of Revenue Intelligence New Delhi and Anr.

Delhi High Court · 18 Jan 2011 · 2011:DHC:14637
S. Muralidhar
W.P.(C) Nos.171-173 of 2011
2011:DHC:14637
administrative appeal_dismissed

AI Summary

The Delhi High Court directed the Commissioner of Customs to expeditiously decide the petitioner's application for provisional release of seized goods under Section 110A of the Customs Act, 1962 and ordered furnishing of panchnama copies to the petitioner.

Full Text
Translation output
r- "t $- HIGH COURT OF DELHI f' w.P.(o 17rl20r1
VINAY AGGARWAL .... Petitioner
Through: Mr. Pradeep Jain & Mr. Rohit Kapoor, Advocates.
VERSUS
I DIRECTORATE OF REVENUE IN]ELLIGENCE NEW DELHI AND ANR .'... Respondents
Through: Mr. Mukesh Anand, Mr.R. C. S.
Bhadoria & Mr. S. Tiwari, Advocates.
Mr. Ashwani Sharma from Customs Department for DRI. New Delhi.
AND
#53 W .P.(C\ l72l20tr VINAY AGGARV/AL ..... Petitioner r hrough: Mr. Pradeep Jain & Mr. Rohit Kapoor,
VERSUS
DIRECTORA]E OF REVENIIE INTELLIGENCE NEW DELHI AND ANR ..... Respondents
Through: Mr. Mukesh Anand, Mr. R. C. S.
#s4 W.P.(C) Nos.l7l-173 of 2011 AND , N.P.(Cl173/2011
Iof 4 2011:DHC:14637 r-a { a VINAY AGGARWAL ..... Petitioner
Through: Mr. Pradeep Jain & Mr. Rohit Kapoor, VEISUS
DIRECTORATE OF REVENUE INTELLIGENCE NEW DELHI AND ANR Respondents
Through: Mr. Mukesh Anand, Mt. R. C. S.
CORAM : JUSTICE S. MURALIDIIAR
18.01.2011
ORDER

1. Mr. Anand, leamed counsel appearing for the Respondent No. 1 DRI points out that the main prayer in these writ petitions is for the provisional ' release of goods. He states that the Petitioner has to apply for the said relief to the Commissioner of Customs Respondent No. 2. He further submits that the present cases involve issues of mis-description, under-valuation as well as discrepancy in the quantity. This is of course denied by Mr. Pradeep Jain, learned counsel for the Petitioner.

2. Mr. Jain points that on 14th January 2OII, applications for provisional W.P.(C) Nos.I71-173 of 2011 2 of 4, -a release of goods under Section 1 10A of the Customs Act, 1962 have already been made to the Commissioner of Custorns. He produced copies of the said applications. They appear to have been received in the office of the Cornrnissioner of Customs on 15'h January 20II.

3. In that view of the matter, it is directed that the Comrnissioner of I -r' Customs will consider the Petitioner's applications as aforementioned and any further lepresentations that the Petitioner makes and pass appropriate orders under Section 1104. of the Customs Act, 1962 not later than 25th Januarv 20II.

4. It is open to the Petitioner, if aggrieved, by the orders passed by the f Commissioner of Customs to seek appropriate remedies as are available to the Petitioner in accordance with law.

5. Mr. Jain makes a grievance that the panchnamas concerning the selzures have not been given to the Petitioner. This is denied by Mr. Anand, who nevertheless states that another set of the copies of the panchnamas will be fuinished to the Petitioner within two days. W.P.(C) Nos.171-173 of 2011 3of[4] r

6. The writ petitions are disposed of in the above terms.

7. A copy of order be given dasti to learned counsel for the parties under the signature of the Court Master. s. MURALIDHA& J. JANUARY L[8],2011 ha W.P.(C) Nos.l71-173 of 2011 4of[4]