2010 (9) TMI 358 - HC - Customs

Release of goods import of goods - Customs held the goods to be a restricted item provisional release of detained goods - petitioner be allowed to clear the goods on payment of duty in full and 50% of the fine and penalty and. on furnishing a bond for the balance amount due Held that - if the Petitioner is willing to pay duty in full, and 50% of the fine and penalty and furnish bank guarantee for the balance amount due, goods shall be released to the petitioner - file appeal and obtain appropriate interlocutory orders, as otherwise, it will be open to the respondents to invoke the Bank Guarantee and realise its dues in full Disposed of accordingly

Summary

Issues:
1. Availability of statutory remedy of appeal against an order of adjudication.
2. Maintainability of the writ petition seeking release of goods.
3. Justifiability of directing release of goods pending appeal.
4. Terms for release of goods and protection of Government's interest.

Analysis:
1. The petitioner had imported an old and used digital multi-functional printer with accessories and filed a bill of entry for its release, which was held by Cochin Customs as a restricted item. The petitioner sought to clear the goods without prejudice to challenging the adjudication order, citing potential demurrages due to delays. The court noted the availability of a statutory remedy of appeal under the Customs Act for seeking remedies, including the release of goods. Consequently, the court deemed the writ petition as not maintainable and not to be entertained.

2. Even if the goods were to be released pending the appeal process, the court expressed reluctance to direct the respondents to release the goods on the terms proposed by the petitioner. The court highlighted the need to balance the interests of the petitioner and the Government of India. Thus, the court was not inclined to order the release of goods based on the petitioner's suggestions, emphasizing the importance of protecting the government's interests in such matters.

3. The court directed that if the petitioner agreed to pay the duty in full, 50% of the fine and penalty, and furnish a bank guarantee for the remaining amount, the goods would be released. However, the petitioner was instructed to maintain the bank guarantee for six months, file an appeal, and obtain necessary interlocutory orders during this period. Failure to do so could result in the respondents invoking the bank guarantee to recover their dues in full, ensuring the government's interests were safeguarded.

4. Ultimately, the writ petition was disposed of with the aforementioned directions regarding the terms for releasing the goods, emphasizing the importance of following the prescribed procedures and protecting the government's financial interests throughout the process.