2018 (1) TMI 776 - HC - Customs

Release of goods - Prohibited goods - wrong shipment of 78 cartons - permission to re-export cargo - Held that - Admittedly, it is a case of mis-declaration. Therefore, the petitioner cannot escape by merely stating that, they are concerned about remaining cargo and sofar as 78 cartons, containing adult toys are concerned, they do not want clearance. The question of clearance of the remaining cargo can happen, only if the petitioner seek for re-export of the 78 cartons, which according to them has been wrongly shipped - petition disposed off.

Summary

Issues:
Seeking release of goods under Writ of Mandamus; Mis-declaration of goods; Request for clearance of specific items; Precedent of re-exporting wrongly shipped items; Disposal of Writ Petition with directives for re-export and clearance.

Analysis:
The petitioner filed a Writ Petition to obtain a Writ of Mandamus directing the release of imported goods, excluding 78 cartons of adult toys mistakenly sent by the supplier. The petitioner's stance was that they did not order the adult toys and sought clearance for the remaining items. However, the Court noted the mis-declaration issue and emphasized that clearance of the remaining cargo could only proceed if the petitioner applied for re-export of the wrongly shipped 78 cartons. Reference was made to a previous case where re-export was allowed for similar circumstances, and the Revenue's subsequent appeal was dismissed by the Division Bench.

The Court disposed of the present Writ Petition by instructing the petitioner to request re-export of the 78 cartons of adult toys. It directed the Authorities to evaluate this application and simultaneously consider clearing the remaining cargo, presumed to be permissible for import. The timeline for completing this process was set at three weeks from the date of the re-export application. The Writ Petition was concluded with these directives, without any costs incurred, and the connected Writ Miscellaneous Petition was closed accordingly.