2020 (11) TMI 397 - HC - Customs

Maintainability of petition - alternative remedy of appeal - stand of the respondents is that the petitioner is having a remedy under section 129A of the Customs Act, 1962 to prefer an appeal - section 110A of the Customs Act, 1962 - Seizure of goods - HELD THAT - As there is a remedy of appeal, without averting to the merits of the case, the present petition is disposed of with a liberty to the petitioner to prefer an appeal in accordance with law. The respondents shall make all possible endeavour to decide the appeal at an early date in accordance with law.

Summary

Issues:
- Seizure of imported goods by customs authorities
- Petitioner seeking a writ for "out of charge" order
- Respondents citing remedy under Section 129A of the Customs Act, 1962
- Disposal of the petition with liberty to appeal

Seizure of Imported Goods:
The petitioner, a Private Limited Company importing goods from China, specifically polyster knitted fabrics, had their goods seized by the respondents. The petitioner sought relief through a writ petition to obtain an "out of charge" order for Home Consumption under Section 47 of the Customs Act, 1962.

Petitioner's Writ Petition:
The petitioner requested the High Court to issue a writ, order, or direction in the nature of mandamus to the respondents to pass the "out of charge" order for the goods under a specific Bill of Entry. Additionally, the petitioner asked for any other orders the Court deemed fit in the interest of justice and equity.

Respondents' Response and Legal Remedy:
The respondents, through their counsel, presented a reply stating that the petitioner has a remedy under Section 129A of the Customs Act, 1962, to prefer an appeal. They highlighted that the adjudicating authority had already passed an order under Section 110A of the Customs Act, allowing for provisional release of seized goods pending adjudication.

Section 129A of the Customs Act:
Section 129A outlines the provision for appeals to the Appellate Tribunal by any person aggrieved by certain orders, including those passed by the Commissioner of Customs as an adjudicating authority. It delineates the procedures for filing appeals within a specified timeframe and the associated fees based on the amount of duty, interest, or penalty involved.

Disposition of the Petition:
The Court, acknowledging the existence of a remedy through appeal under Section 129A, disposed of the present petition. The petitioner was granted liberty to prefer an appeal in accordance with the law. The respondents were directed to expedite the appeal process and make efforts to ensure a timely decision in accordance with legal provisions.

Conclusion:
The judgment primarily focused on the availability of a legal remedy through the appellate process under Section 129A of the Customs Act, 1962, for the petitioner instead of granting the requested writ relief. It emphasized adherence to legal procedures and the importance of timely resolution through the established appellate framework.