2019 (9) TMI 1466 - HC - Customs

Application for verification genuineness of red sander logs and its transportation through transit permit issued by the A.P. Forest Department - allegation in the writ petition is that in spite of the fact that the petitioner had made an application for issuance of Certificate of Origin of goods stored (red sanders) at licensed godown of the Forest Officials, the application has not been disposed of till date - N/N. 12/2015-2020, dated 29.07.2019 - HELD THAT - Inasmuch as the process has already been initiated on the application submitted by the petitioner, the 3rd respondent is directed to complete the process of verification and communicate the decision to the petitioner, within a period of four (4) weeks from today. Petition disposed off.

Summary

Issues: Delay in issuance of Certificate of Origin for goods stored in licensed godown.

Analysis:
The judgment addresses the issue of delay in the issuance of a Certificate of Origin for goods stored in a licensed godown, specifically red sanders. The petitioner, M/s Zitan Trading Corporation, had made an application for the certificate, citing non-disposal of the application as per the relevant notification. The learned Government Pleader presented a letter indicating that the process had been initiated for verifying the genuineness of the goods and their transportation details through a transit permit issued by the Andhra Pradesh Forest Department. The Principal Chief Conservator of Forests was requested to verify these details to enable a decision by the 3rd respondent. The court directed the 3rd respondent to complete the verification process and communicate the decision to the petitioner within four weeks from the date of the judgment. Consequently, the writ petition was disposed of at the admission stage without any costs, and any pending miscellaneous petitions were to be closed.

This judgment highlights the importance of timely processing of applications for Certificates of Origin, especially concerning goods like red sanders stored in licensed godowns. The court's intervention in directing the 3rd respondent to expedite the verification process underscores the significance of adherence to relevant regulations and notifications issued by the Ministry of Commerce and Industry. By ensuring a time-bound resolution, the court aims to uphold the principles of procedural fairness and efficient administration in matters related to the certification of goods' origin. The decision reflects the judiciary's role in overseeing administrative actions to prevent undue delays and ensure compliance with statutory requirements, ultimately promoting transparency and accountability in the issuance of essential documents for trade purposes.