2021 (5) TMI 160 - HC - Customs

Confiscation - Gold - Seeking interim protection - HELD THAT - This writ petition is closed. Status quo granted by this Court on 09.03.2021 will continue for a period of two (2) weeks from today.

Summary

Issues involved:
1. Petitioner seeking interim protection from disposing confiscated gold.
2. Interpretation of provisions of Section 129DD of Customs Act, 1962 regarding grant of interim relief.
3. Withdrawal of writ petition with liberty to file a stay application before the Revisional Authority.
4. Continuation of status quo granted by the Court for two weeks.
5. Closure of the writ petition and connected Miscellaneous Petition.

Analysis:

1. The petitioner filed a writ petition seeking to restrain the 1st respondent from disposing of confiscated gold until the revision application filed by the petitioner before the 3rd respondent is disposed of. The Court had earlier indicated on 09.03.2021 that the revisional authority could grant interim relief, and the power of stay should be read into the provisions of Section 129DD of the Customs Act, 1962. Consequently, the petitioner sought to withdraw the writ petition with liberty to file a stay application before the 3rd respondent, i.e., the Revisional Authority.

2. The memo filed by the petitioner dated 08.04.2021 stated the intention to withdraw the writ petition based on the Court's previous order and seeking permission to file a stay application before the Revisional Authority. This action was in line with the interpretation of Section 129DD of the Customs Act, 1962, which allows for the grant of interim relief by the revisional authority. The Court recorded the petitioner's decision to withdraw the writ petition and granted permission for the same.

3. As a result of the petitioner's decision to withdraw the writ petition, the Court closed the writ petition. The status quo granted by the Court on 09.03.2021 was to continue for a period of two weeks from the date of the judgment. Additionally, the connected Miscellaneous Petition was also closed by the Court with no costs imposed on either party.

In conclusion, the judgment reflects the petitioner's choice to withdraw the writ petition in favor of seeking interim protection through a stay application before the Revisional Authority, in accordance with the provisions of the Customs Act, 1962. The Court acknowledged this decision, closed the writ petition, and maintained the status quo for a specified period while also closing the connected Miscellaneous Petition.