2019 (6) TMI 106 - HC - Customs

Import of gold - allegation of smuggling of gold - release of goods - stand of the respondents is that the respondents prefer detailed examination of subject containers particularly in the presence of a person authorized by the petitioner - HELD THAT - MR. Abin M. Sajan now who is treated as the authorized representative of petitioner along with his proof of identity and copy of this order appears before the respondent within two days from today. The respondent on such presentation by the authorized representative stipulates a day for appearance of that person for conducting detailed examination and completes the entire exercise within two weeks from the date of presentation by the authorized representative. The Senior Standing Counsel is given liberty to communicate this order forthwith to the respondent.

Summary

Issues:
Challenge to legality of Bills of entries (Ext. P4, P6, P8, P10) and release of imported goods.

Analysis:
The petitioner contested the legality of Bills of entries (Ext. P4, P6, P8, P10) and sought the release of imported goods. Allegations were made against the respondent for neglecting compliant consignments, leading to the goods being left unattended. The petitioner emphasized the lawful nature of the subject consignments and urged the respondent to promptly process and release them. Following a court order, a statement was presented indicating the involvement of specific individuals in gold smuggling activities related to the imported goods. Detailed examinations of containers were deemed necessary before release, with specific individuals authorized to represent the petitioner during the process. The respondent committed to completing the examination and issuing orders within two weeks. The petitioner's authorized representative was required to appear before the respondent within two days, with the examination to be concluded within two weeks from the representative's presentation.

This judgment highlights the importance of thorough examination and compliance with legal procedures in the release of imported goods. The involvement of specific individuals in smuggling activities underscored the need for detailed scrutiny before releasing the containers. The court's directive for an authorized representative to oversee the examination process aimed to ensure transparency and adherence to the law. By setting a timeline for completion, the judgment sought to expedite the resolution of the matter while upholding legal standards and due process.