2019 (10) TMI 381 - HC - Customs

Defreezing of Bank account of petitioner - HELD THAT - Now an NOC has been issued by the respondents, from DRI, Indore for defreezing the Bank account of this petitioner - To that effect, communication has been moved from the respondents to the Branch Manager, ICICI Bank, dated 23rd August, 2019. Non-availability of the goods detained by the respondents - HELD THAT - The goods has been seized vide order dated 31st August, 2019 by the respondents. A photocopy of the said seizure memo is tendered to this Court, which is taken on record. Copy thereof has also been given to learned counsel for the petitioner - Now, the only course left for the petitioner is to apply for the provisional release of the goods under Section 110 (a) of the Customs Act, 1962. As and when such an application is preferred by the petitioner, the same will be decided by the respondents as early as possible and practicable, preferably within a period of three weeks from the date of receipt of a copy of such type of provisional release application of the goods. Petition disposed off.

Summary

Issues:
1. Detention of goods and bank account freeze by respondents
2. Non-availability of detained goods
3. Provisional release of goods under Section 110(a) of the Customs Act, 1962
4. Consideration of detention certificate against specific shipping bills

Analysis:
The Writ Petition sought various reliefs, including the return of goods put on hold and the provision of related documentation, along with unfreezing the petitioner's bank account. The Court noted that an NOC had been issued by the respondents, leading to the defreezing of the bank account. A communication to the ICICI Bank Branch Manager confirmed this development. The issue of non-availability of the detained goods was raised, to which the respondents presented a detailed panchnama dated July 1, 2019, with the petitioner's CHA's signature. The goods were seized by the respondents via an order dated August 31, 2019, supported by a seizure memo. The Court advised the petitioner to apply for provisional release of the goods under Section 110(a) of the Customs Act, 1962. It directed the respondents to decide on such applications promptly, preferably within three weeks of receipt. Additionally, any future applications for detention certificates against specific shipping bills were to be considered in accordance with the law. The Court disposed of the Writ Petition with these observations.

In a related application for interim relief, the Court disposed of the application following the disposal of the main Writ Petition, thereby concluding the legal proceedings on the matter.