2022 (6) TMI 998 - HC - Customs

Detention of imported consignment - Betelnut - investigation is ongoing in regard to the classification of the goods and assessment of duty - investigation as regards prohibited goods or not, also going on - HELD THAT - The petitioners appear to have moved representations before the respondents as early as on 01.04.2022, 24.03.2022, 24.03.2022 30.03.2022 requesting that they may be permitted to re-export the consignment sans adjudication fine and penalty. The petitioners represent that the goods are perishable in nature and in such an event it would constitute a national waste - Admittedly, these representations have been received by R1 on 01.04.2022 (seal affixed), and are pending till date. Learned Senior Panel Counsel would point out that there have been several attempts made to pursue the investigation/adjudication proceedings but there has been no co-operation on the part of the petitioners. It is made clear that the petitioner will cooperate with the respondents in respect of the pending proceedings and to notices, if any, received from the respondents. In any event, for the purpose of disposal of the representations dated 01.04.2022, 24.03.2022, 24.03.2022 30.03.2022, the petitioners are permitted to appear before R1 on Thursday, the 16th of June, 2022 at 10.30 a.m. Writ petition disposed off.

Summary

Issues:
1. Detention of imported goods from Indonesia and Myanmar
2. Request for re-export without adjudication fine and penalty
3. Cooperation in investigation/adjudication proceedings
4. Decision on re-export request by authorities

Detention of Imported Goods:
The petitioners imported a consignment of betelnut from Indonesia and Myanmar, which was detained by the authorities for investigation regarding the classification of the goods, assessment of duty, and whether they are prohibited goods. The respondents' Senior Panel Counsel informed the court about the ongoing investigation and assessment process.

Request for Re-Export:
The petitioners made representations to the respondents requesting permission for re-export of the detained consignment without adjudication fine and penalty. They argued that the goods were perishable and could result in national waste if not allowed for re-export. The representations were submitted on specific dates, and the court noted that they were still pending with the authorities.

Cooperation in Proceedings:
The court directed the petitioners to cooperate with the authorities in the investigation and adjudication proceedings, including responding to any notices received. The petitioners were allowed to appear before the authorities on a specified date to address the representations made for re-export.

Decision on Re-Export Request:
The court clarified that the decision on the request for re-export could not be granted directly by the court as it involved factual determinations that only the competent authorities could make. The authorities were instructed to consider the petitioners' request, taking into account all relevant factors and in accordance with the law within a specified period after the personal hearing.

Disposition:
The writ petitions were disposed of with no costs imposed. The court emphasized the importance of cooperation from the petitioners in the proceedings and instructed the authorities to make a decision on the re-export request within a set timeline after the personal hearing.