2020 (9) TMI 715 - HC - Customs

Smuggling - Betel Nuts - Whether the goods are indigenous or imported, however pending adjudication above goods were released provincially under Section 110A of the Customs Act, 1962 on a condition that the petitioner will deposit ₹ 70.51 lakh? - HELD THAT - At this stage, learned counsel for the petitioner put forth the Intimation Notice for my perusal under Section 150 of the Customs Act, 1962 for disposal of the subject Dry Betel Nuts. He submitted that this notice deserves to be stayed, since condition precedent for provincial release, is sub-judice before this Court. Hearing of the petition is deferred, stand over to 30-09-2020. Till next date the Notice dated 8th September, 2020 issued by the Superintendent CPF, Champai under Section 150 of the Customs Act, 1962 is stayed.

Summary

Issues involved:
Dispute over the origin of betel nuts, seizure of goods by Assam Rifles personnel, provincial release under Section 110A of the Customs Act, 1962, non-functioning of Customs, Excise & Service tax Appellate Tribunal (CESTAT), Kolkata due to the pandemic.

Analysis:
The petitioner purchased 18.6 MT Mizoram origin betel nuts which were seized by Assam Rifles personnel while in transit from Champai to Aizawl. The petitioner claims the goods were released provincially under Section 110A of the Customs Act, 1962, upon depositing a specified amount. The petitioner contests the condition for release, stating the seizure value is lower than the required deposit. The dispute revolves around whether the betel nuts are indigenous or imported, pending adjudication. The petitioner challenges the condition precedent for provincial release, leading to the court intervention.

The petitioner approached the High Court due to the non-functioning of the Customs, Excise & Service tax Appellate Tribunal (CESTAT), Kolkata, citing issues related to the pandemic and a shortage of quorum. This situation necessitated seeking relief and resolution from the High Court, highlighting the challenges faced by the petitioner in accessing the appropriate appellate authority for the matter at hand.

During the court proceedings, the respondent's counsel sought time to gather instructions and potentially file an affidavit-in-reply. The petitioner's counsel presented an Intimation Notice under Section 150 of the Customs Act, 1962, requesting a stay on the notice due to the ongoing sub-judice nature of the condition precedent for provincial release. The court, considering the circumstances, deferred the hearing to a later date and stayed the Notice dated 8th September, 2020, issued under Section 150 of the Customs Act, 1962 until the next scheduled hearing on 30-09-2020. This decision aims to maintain the status quo and address the petitioner's concerns effectively.