2020 (8) TMI 184 - HC - Customs

Grant of Equipment Type Approval (ETA) applied by the petitioner - import of Wireless Communication Module - release of consignment without insistence on the ETA - HELD THAT - The respondent No.2 are directed to release the said consignment in accordance with law, rules, regulations and Government policies applicable to the facts of the case as expeditiously as possible and practicable, within a maximum period of one week from today. Petition disposed off.

Summary

Issues:
1. Delay in granting Equipment Type Approval (ETA) by the Wireless Planning and Coordination (WPC) wing of the Union of India.
2. Release of the consignment covered under Bill of Entry without the ETA requirement.

Analysis:
1. The petitioner sought a writ of mandamus or any appropriate direction to the Respondent No.1 to grant the ETA applied by the petitioner. The petitioner was importing Wireless Communication Module under Customs Tariff Heading No. 85177090 and had applied for ETA on 19th June, 2020. The delay in issuing the ETA led to the filing of the petition. The learned ASG for the Union of India informed the court that the ETA had been issued. Therefore, the primary grievance regarding the ETA approval was resolved.

2. The focus then shifted to the release of the consignment imported against Bill of Entry No. 7779051 dated 29th May, 2020. The court directed Respondent No.2 to release the consignment expeditiously within a maximum period of one week from the date of the judgment. The release was to be done in compliance with all relevant laws, rules, regulations, and government policies applicable to the case. The court disposed of the writ petition with these directions, effectively resolving the issue of the consignment release without the need for ETA.

This judgment highlights the importance of timely administrative approvals and the court's power to issue directives for the release of goods in appropriate circumstances. The resolution of the ETA issuance and the subsequent release of the consignment demonstrate the court's role in ensuring justice and efficiency in matters concerning import procedures and regulatory compliance.