2019 (4) TMI 1785 - SC - Customs

Retention of stock - unlawful possession of such fins - HELD THAT - The petitioner is permitted to file review only for that limited purpose before the High Court and if that order is adverse, the petitioner can assail only that order before this Court by way of special leave petition. The High Court may decide the matter on its own merits and in accordance with law - SLP disposed off.

Summary

Issues:
- Delay condonation
- Permission to retain subject stock
- Seeking recall of direction to destroy stock
- Filing review before High Court
- Appeal process before Supreme Court

Delay Condonation:
The Supreme Court, in this judgment, first condoned the delay in the case. The delay was condoned, and the special leave petition was dismissed.

Permission to Retain Subject Stock:
The petitioner's counsel argued that the High Court should have allowed the petitioner to keep the subject stock since possessing such fins was not unlawful. However, the Supreme Court noted that this argument was not presented before the High Court. Subsequently, the petitioner's counsel requested permission to return to the High Court to request a review of the direction to destroy the stock, as mentioned in the impugned judgment. The Supreme Court granted this request, allowing the petitioner to file a review solely for this purpose before the High Court.

Seeking Recall of Direction to Destroy Stock:
The Supreme Court ordered that the petitioner could file a review before the High Court specifically to challenge the direction to destroy the stock. If the High Court's decision on this matter is unfavorable, the petitioner can then appeal only that order before the Supreme Court through a special leave petition.

Filing Review Before High Court:
The judgment clarified that the petitioner had the liberty to file a review before the High Court for the limited purpose of challenging the direction to destroy the stock. The Supreme Court emphasized that this liberty did not indicate any opinion by the Court, and the High Court was to decide the matter on its own merits and in accordance with the law.

Appeal Process Before Supreme Court:
The special leave petition was disposed of by the Supreme Court in the terms mentioned above, outlining the process for the petitioner to seek a review before the High Court and, if necessary, appeal the High Court's decision before the Supreme Court through a special leave petition.