2016 (11) TMI 555 - HC - Customs

Release of imported confiscated goods - Held that - SIIB is not investigating the case and has recommended for release of the goods in accordance with law. Accordingly, there will be a direction to the first respondent to release the consignment after completion of the formalities within a period of two weeks from the date of receipt of a copy of this order.

Summary

Issues:
Prayer for mandamus to release imported goods under Bill of Entry No.6071428.

Analysis:
The petitioner sought a writ of mandamus to direct the respondents to release the goods imported via Bill of Entry No.6071428 dated 21.07.2016. The Senior Central Government Standing Counsel for the respondents presented written instructions from the Deputy Commissioner of Customs, indicating that the goods were examined and discrepancies were found, such as excess weight in the container and discrepancies in dates. However, it was noted that the delay in release was due to the non-appearance of the IEC holder, not the Department's actions. The communication stated that the SIIB was not investigating the case and recommended the release of the goods in accordance with the law. Consequently, the court directed the first respondent to release the consignment within two weeks from the date of the order, considering the recommendation made by the SIIB and the absence of any ongoing investigation.

This judgment clarifies that the delay in releasing the goods was not attributable to the Department but rather to the non-appearance of the IEC holder. The court emphasized that the SIIB was not investigating the case and had recommended the release of the goods in compliance with the law. Therefore, the court ordered the first respondent to release the consignment within a specified timeframe, following the recommendation of the SIIB and the completion of necessary formalities. The writ petition was disposed of with this direction, and the connected miscellaneous petition was closed without imposing any costs.