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2019 (1) TMI 1577 - HC - CustomsRelease of detained goods on execution of a bond and on furnishing bank guarantee - valuation of a Chartered Engineer - whether Chartered Engineer is an approved Chartered Engineer of Customs Department? - HELD THAT - The learned Standing Counsel submits that the Chartered Engineer on an inquiry submitted that he was not able to take correct valuation of the entire goods imported and its approximate value. In such circumstances, it is appropriate that the respondents release the goods on executing bond and on furnishing bank guarantee based on the valuation to be undertaken by an independent valuer within a period of two weeks from the date of receipt of a copy of this judgment - Petition disposed off.
Issues:
1. Detention of imported goods suspected of customs duty evasion. 2. Dispute over the valuation of goods by a Chartered Engineer. 3. Conditions for release of goods. Analysis: 1. The petitioner imported goods from abroad, which were detained due to suspected customs duty evasion. The petitioner is willing to secure the release of the goods by executing a bond and providing a bank guarantee. 2. The petitioner referred to the valuation report of a Chartered Engineer approved by the Customs Department. However, the Standing Counsel argued that the Chartered Engineer could not accurately value the entire imported goods. The court directed the release of goods on the condition that an independent valuer would assess the goods within two weeks. The petitioner was allowed to participate in the valuation process if desired, and was required to appear before the Investigation Officer before the goods' release. 3. The judgment concluded with the disposal of the writ petition, outlining the conditions for the release of goods based on an independent valuation to be conducted within a specified timeframe. The petitioner was granted the opportunity to be present during the valuation process and was obligated to provide a statement to the Investigation Officer before the goods' release.
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