2007 (12) TMI 449 - HC - Customs

Summary

Issues:
1. Prayer for expediting the release of imported vehicles pending adjudication.
2. Change in adjudicating authority and issuance of fresh summons.
3. Retraction from the statement given by the petitioner.
4. Request for being accompanied by a counsel during adjudication.

Analysis:
1. The petitioners, claiming employment in the Middle East, sought the release of their imported vehicles held by Customs pending adjudication. The court directed the adjudicating authority to complete the adjudication and issue orders within four weeks from the judgment's receipt for one petition, and within eight weeks for the other petition.

2. In one petition, the respondent informed the court about the petitioner's appearance before the adjudicating authority where a statement was recorded. Due to a change in the adjudicating authority, a fresh summons was issued. The petitioner's counsel stated that the first client had no further statements to make, allowing the adjudication to proceed with the recorded statement.

3. In the second petition, the car imported by the petitioner awaited clearance. The counsel for the respondents mentioned that the petitioner had retracted from the initial statement given. Consequently, fresh summons had to be issued. The petitioner requested to be accompanied by a counsel due to a previous bitter experience, which was not opposed by the respondents.

4. Considering the submissions from both sides, the court directed the completion of adjudication within eight weeks from the judgment's receipt for the second petition. The petitioner was instructed to cooperate with the adjudication process and allowed to be accompanied by a lawyer when summoned to appear before the respondents. Both writ petitions were disposed of accordingly.