2019 (9) TMI 848 - HC - Customs

Seizure of imported goods - mis-declaration of goods - Section 110-A of the Customs Act, 1962 - HELD THAT - During pendency of the present writ petition, final adjudication had taken place, whereby the seized goods have been released on payment of tax, penalty and fine - the present writ petition has become infructuous. Petition dismissed as infructuous.

Summary

Issues:
1. Seizure of goods due to mis-declaration
2. Appeal before the Tribunal for release of goods
3. Compliance with Tribunal's directions
4. Writ petition seeking mandamus

Seizure of Goods due to Mis-declaration:
The petitioner, an importer, had their goods seized at the ICD Port, Ludhiana, for mis-declaration at the time of submitting Bill of Entries. The release of goods was allowed under Section 110-A of the Customs Act, 1962, subject to mutilation to reduce them into melt scrap. This action was challenged before the CESTAT, Chandigarh, which subsequently directed the release of goods in its order dated 26.03.2018.

Appeal Before the Tribunal for Release of Goods:
The petitioner filed a writ petition seeking compliance with the Tribunal's directions issued in the order dated 26.03.2018. However, during the hearing, it was revealed that final adjudication had taken place, resulting in the release of the seized goods upon payment of tax, penalty, and fine. Consequently, the counsel for the petitioner submitted that the writ petition had become infructuous.

Compliance with Tribunal's Directions:
The Tribunal's order directing the release of goods was the subject of the writ petition, with the petitioner seeking a mandamus for compliance. However, due to subsequent events leading to the release of goods following final adjudication, the petition was dismissed as infructuous. This highlights the importance of timely compliance with legal procedures and the impact of subsequent events on the relevance of a petition.

Writ Petition Seeking Mandamus:
The present writ petition was filed by the petitioner primarily to enforce compliance with the directions issued by the Tribunal in its order dated 26.03.2018. The legal recourse sought through the writ petition became unnecessary due to the subsequent release of goods following final adjudication, leading to the dismissal of the petition as infructuous. This case underscores the dynamic nature of legal proceedings and the need for timely updates on the status of relevant events to determine the course of legal action.