2020 (12) TMI 885 - HC - Customs

Seeking direction to the respondents to permit clearance of imported goods on payment of redemption fine and penalty - Peas - HELD THAT - Let the adjudicating authority pass speaking order(s) of adjudication after hearing the petitioners and upon independent application of mind considering all aspects including the decision of this Court in M/s. Harihar Collections 2020 (10) TMI 830 - BOMBAY HIGH COURT . Petition disposed off.

Summary

Issues:
1. Clearance of imported goods with redemption fine and penalty.
2. Delay in clearance of imported goods.
3. Compliance with show-cause notices under section 124 of the Customs Act, 1962.

Analysis:

Issue 1: Clearance of Imported Goods with Redemption Fine and Penalty
In the present case, the petitioner sought directions for the clearance of imported goods, specifically peas, upon payment of redemption fine and penalty. The goods in question arrived at Nhava Sheva Port within different time frames. One writ petition concerned 66 bills of entry for imported peas, while the other petition sought clearance for 27 bills of entry. The petitioner also requested clearance for additional quantities of peas due to technical issues. The Court noted that the imported goods had not been cleared for various reasons, and it was essential to resolve the matter promptly.

Issue 2: Delay in Clearance of Imported Goods
The delay in the clearance of imported goods was evident from the issuance of show-cause notices under section 124 of the Customs Act, 1962. The petitioners responded to these notices, and personal hearings were conducted, but no final decisions were made. The Court emphasized the importance of expeditiously adjudicating the matters to ensure justice. It directed the adjudicating authority to pass speaking orders after considering all aspects, including previous judgments, within seven days from the date of the order.

Issue 3: Compliance with Show-Cause Notices
Both writ petitions highlighted the issuance of show-cause notices under section 124 of the Customs Act, 1962. The petitioners submitted replies to these notices, and personal hearings were conducted. However, delays in adjudication were observed. The Court emphasized the need for the adjudicating authority to independently consider the matters and pass orders in accordance with the law. It directed compliance with previous judgments and instructed the authority to expedite the process of adjudication.

In conclusion, the High Court of Bombay disposed of both writ petitions, emphasizing the need for prompt adjudication of clearance issues related to imported goods and compliance with show-cause notices under the Customs Act, 1962. The Court's directive to the adjudicating authority to pass speaking orders within a specified timeframe aimed to ensure timely resolution of the matters at hand.