2021 (9) TMI 662 - HC - Customs

Release of detained imported goods - Coated Paper Sheets - appellant are willing to execute a bond for the value of goods and a bank guarantee towards security to an extent of 10% of the value of the goods - HELD THAT - The appellants/Revenue may be directed to release the goods on condition the respondent executing a bond for the value of the goods and bank guarantee to an extent of 10% of the value of the goods. Therefore, it is directed that the appellants to release the goods on condition the respondent executing a bond for the value of the goods and bank guarantee to an extent of 10% of the value of the goods. The respondent shall complete their part of obligation within two weeks from the date of receipt of a copy of this judgment and the appellants are directed to release the goods within two weeks thereafter. Further, the detention charges shall stand waived. Appeal disposed off.

Summary

Issues:
Release of imported goods under Bill of Entry, Compliance with court orders, Execution of bond and bank guarantee for goods release.

Analysis:
The judgment pertains to a Writ Appeal challenging an order regarding the release of imported goods under a specific Bill of Entry. The respondent filed a Writ Petition seeking a Writ of Mandamus to direct the release of the goods without delay. Reference was made to a previous case where the Division Bench directed the release of imported consignment subject to the commencement of adjudication proceedings within a specified timeframe. The importer undertook to participate in the proceedings, and the Division Bench waived Detention Charges. Despite the initial non-compliance by the Revenue, a Contempt Petition was filed, leading to a commitment by the respondent to execute a bond and bank guarantee for the goods' value.

The appellant argued that the previous case involved a different paper description, thus suggesting a different approach. However, the respondent contended that the issues were similar, advocating for the release of goods based on the bond and bank guarantee conditions. The Court, considering the identical nature of the issues in both cases, directed the Revenue to release the goods upon the respondent executing a bond and bank guarantee for 10% of the goods' value. A timeline was set for the respondent to fulfill their obligations and for the goods' release, with the waiver of detention charges. The Writ Appeal was disposed of without costs, and the connected Miscellaneous Petition was closed.