2019 (12) TMI 956 - HC - Customs

Release of the seized goods - polyester knitted boys shorts - Herbal Heena Mehandi - HELD THAT - Since orders for provisional release of the goods have already been passed in both the cases, there are no reason to entertain these writ petitions for quashing of the seizure order dated 08.10.2018. The petitioners can always avail the benefits under the provisions of the Customs Act, 1962 and the Rules made thereunder, and as per policy floated by the respondent. If the petitioners are aggrieved by any further actions of the respondent, they can always initiate litigation before the appropriate forum in accordance with law. Petition dismissed.

Summary

Issues: Release of seized goods by Custom Department

Analysis:
The petitioners filed writ petitions seeking the release of goods seized by the Custom Department. The seized goods included "polyester knitted boys shorts" and "Herbal Heena Mehandi" meant for export, seized on 08.10.2018. The time limit for issuing show cause notices was extended on 04.04.2019. The respondent issued common show cause notices on 30.09.2019 for the seized goods, and as of the hearing date, no replies had been filed. The petitioners had requested and obtained provisional release orders for the goods on 27.12.2018 and 12.02.2019.

The court noted that since provisional release orders had already been granted for the goods, there was no basis to entertain the writ petitions seeking to quash the seizure orders dated 08.10.2018. The court highlighted that the petitioners could avail benefits under the Customs Act, 1962, and related Rules, as well as the respondent's policy. If the petitioners faced further adverse actions by the respondent, they were advised to seek recourse through appropriate legal channels. Consequently, the court dismissed the writ petitions, emphasizing that the petitioners had legal avenues available to address any grievances in accordance with the law.