9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (8) TMI 285 - HC - CustomsInspection of import - direction to open the container, weigh the same and video graph the contents in the container - HELD THAT - Petitioner is given liberty to re-submit Ext.P13 along with a copy of this judgment, within three days from today. The respondent considers and disposes of Ext.P13 request within one week from the date of resubmission of Ext.P13 and if inspection to open the container is undertaken, the same shall be in the presence of the petitioner.
Issues:
Petitioner seeks writ of mandamus to open container, weigh, and video graph contents - Request for reliefs - Consideration of request by Assistant Commissioner of Customs - Disposal of request and completion of formalities - Video recording of inventory - Remedies in accordance with law - Limited prayer now canvassed by petitioner - Disposal of writ petition. Analysis: The petitioner in this case sought the issuance of a writ of mandamus, along with other reliefs, directing the respondent, the Assistant Commissioner of Customs (Import), to open a container, weigh its contents, and video graph the same. The petitioner's counsel indicated satisfaction if the respondent considers and disposes of the request made in Ext.P13, completing the necessary formalities in the petitioner's presence. It was further stated that upon receiving the report or CD of the video taken during the inventory, the petitioner would take further legal actions as per the law. The learned Standing Counsel did not object to the limited prayer put forth by the petitioner's counsel, leading to the disposal of the writ petition. The High Court, in its judgment, granted liberty to the petitioner to resubmit Ext.P13, along with a copy of the judgment, within three days from the date of the judgment. The respondent was directed to consider and dispose of the request within one week from the resubmission of Ext.P13. If an inspection to open the container was to be undertaken, it was mandated that the petitioner be present during the process. This comprehensive judgment ensured that the petitioner's request for relief was addressed within a specified timeframe and under the supervision of the petitioner, maintaining transparency and adherence to legal procedures.
|
