2013 (12) TMI 1094 - HC - Customs

Confiscation of goods - Provisional release of seized helicopter on the provision of bond of full value of the seized helicopter and the bank guarantee for 10% of its value - Held that - petitioner is not the original importer and a buyer of the helicopter in good faith, as is even suggested by the authority (DRI) who issued the show cause notice, the interests of justice would be served if the respondents are directed to release the helicopter provisionally on the condition of bond for the full value of the helicopter and the bank guarantee of 5% value of the helicopter - Decided partly in favour of assessee.

Summary

Issues:
1) Challenge to communication from Office of Commissioner of Customs regarding provisional release of seized helicopter.
2) Dispute over the requirement of a bank guarantee for 10% of the helicopter's value.
3) Claim of being a bona fide purchaser without liability for breach of import conditions.
4) Opposition to release of helicopter without bank guarantee based on pending show cause notice.

Analysis:
Issue 1: The petitioner challenged a communication from the Office of Commissioner of Customs regarding the provisional release of a seized helicopter, requiring a bond for the full value of the helicopter and a bank guarantee for 10% of its value. The petitioner contended being a bona fide purchaser without disputing the goods' identity, seeking release without undue burden. The respondents argued that the petitioner cannot claim release without complying with the bank guarantee requirement due to pending adjudication proceedings.

Issue 2: The main contention revolved around the necessity of a bank guarantee for 10% of the helicopter's value. The petitioner, as a good faith purchaser, argued against the burden of depositing the entire guarantee amount for issuance, emphasizing the intended use of the helicopter for relief operations. The respondents, however, insisted on the requirement of the bank guarantee, citing the lack of response to the show cause notice as a basis for withholding release.

Issue 3: The petitioner asserted being a bona fide purchaser without notice of any breach of import conditions, suggesting that any liability should fall on the original importer. The Court acknowledged the petitioner's status as a good faith buyer, as indicated by the authority issuing the show cause notice, and balanced the interests of justice by directing provisional release subject to a bond for the full value and a reduced bank guarantee of 5% of the helicopter's value.

Issue 4: The respondents opposed the release of the helicopter without the mandated bank guarantee, highlighting the absence of responses to the show cause notice. Despite this, the Court considered the petitioner's position as a good faith purchaser and ordered the provisional release with modified conditions, recognizing the petitioner's legitimate claim and adjusting the bank guarantee requirement to 5% of the helicopter's value. Ultimately, the writ petition was disposed of in favor of the petitioner with the revised release conditions.