2017 (10) TMI 861 - HC - Customs

Release of detained goods - non-participation in the proceedings - Held that - taking note of the letter of the third respondent dated 05.04.2017 and as the fourth respondent has not participated in the proceedings, whatever applies for the goods covered under the Bill of Entry No.7285334, dated 31.10.2016, will equally apply to the consignment covered in the Bill of Entry No.6885665, dated 27.09.2016 - there will be a direction to the third respondent to cause assessment and release the goods covered in the Bill of Entry No.6885665, dated 27.09.2016 and Bill of Entry No.7285334, dated 31.10.2016 - petition allowed.

Summary

Issues:
1. Detention of goods under Bill of Entry No.6885665 and Bill of Entry No.7285334
2. Alleged infringement of intellectual property rights by the fourth respondent
3. Revocation of patent granted to the fourth respondent
4. Direction for assessment and release of goods
5. Entitlement to waiver of demurrage and detention charges

Analysis:

1. The petitioner filed a writ petition seeking direction for the Deputy Commissioner of Customs to assess and release goods under Bill of Entry No.6885665 and Bill of Entry No.7285334. The Court noted that the detention was based on an objection by the fourth respondent regarding intellectual property rights infringement.

2. The fourth respondent alleged infringement of intellectual property rights due to a patent obtained for the same product. However, the fourth respondent did not participate in the proceedings initiated by the Customs Department. Consequently, the third respondent informed the fourth respondent that the suspension of clearance for the consignment under Bill of Entry No.7285334 would be lifted.

3. The Court considered that the patent granted to the fourth respondent had been revoked by the Deputy Controller of Patents and Designs. This information was presented to the Court by the petitioner's counsel, indicating a significant development in the case.

4. Given the circumstances and the non-participation of the fourth respondent in the proceedings, the Court directed the third respondent to assess and release the goods covered under both Bill of Entry No.6885665 and Bill of Entry No.7285334 within two weeks. The petitioner was also granted a Certificate for waiver of demurrage and detention charges for the period of detention until clearance for home consumption.

5. The judgment concluded by disposing of the writ petition with the aforementioned directions, without imposing any costs. Additionally, any connected miscellaneous petitions were closed as a result of the judgment.