2012 (2) TMI 377 - HC - Customs

Petition sought for directing the respondent to furnish backup copies of the data contained in a Laptop/hard discs seized during search conducted, enabling petitioner to file replies Held that - Since prayer of the petitioner is now agreed upon by the respondents. Therefore, this Writ Petition stands disposed of with a direction to the respondents to furnish the documents within stipulated time.

Summary

Issues:
1. Direction sought for backup copies of data in a laptop and hard disks.
2. Rejection of claim for document supply based on search by second respondent.
3. Allegations of illegal movement of import containers and substitution of goods.
4. Agreement by respondents to supply backup of seized laptop and hard disks.
5. Request for an appropriate direction to furnish documents.
6. Disposal of Writ Petition with a timeline for document submission and petitioner's reply.

Issue 1: Direction sought for backup copies of data in a laptop and hard disks
The petitioner, engaged in cashew nut import, sought a direction for the second respondent to provide backup copies of data contained in a Laptop and two Western Digital Hard disks. The petitioner needed these documents to file a reply before the concerned authorities effectively.

Issue 2: Rejection of claim for document supply based on search by second respondent
The first respondent rejected the petitioner's claim for document supply following a search by the second respondent at the petitioner's premises. The search was prompted by intelligence indicating illegal movement of import containers and substitution of goods, leading to suspicions regarding the petitioner's activities.

Issue 3: Allegations of illegal movement of import containers and substitution of goods
The respondents alleged that the petitioner, in an illegal manner, moved import containers to his premises for unloading undeclared betel nut bags and substituting them with raw cashew nut bags. This led to a thorough search by DRI officers, revealing discrepancies in the contents of the containers.

Issue 4: Agreement by respondents to supply backup of seized laptop and hard disks
After discussions and arguments, the respondents, through a counter affidavit, agreed to supply the backup of the two hard disks and the laptop seized from the petitioner. This agreement was made despite most other documents already being provided to the petitioner.

Issue 5: Request for an appropriate direction to furnish documents
The petitioner requested the court to record the submissions made by both parties and sought an appropriate direction for the respondents to furnish the documents as requested in the Writ Petition. The petitioner emphasized the importance of these documents for preparing a suitable reply.

Issue 6: Disposal of Writ Petition with a timeline for document submission and petitioner's reply
In light of the agreement between the parties, the Writ Petition was disposed of with a direction for the respondents to provide the requested documents within one week. The petitioner was then required to submit a reply within two weeks after receiving the documents. Cooperation between the petitioner and respondents was emphasized for expeditious resolution, and no costs were awarded in the judgment.