2022 (11) TMI 172 - HC - Customs

Seeking direction with regard to the disposal of the petitioner s representation - mis-declaration of imported goods - dry dates or black pepper and areca nuts - grievance that the petitioner has articulated is that the subject consignments are being examined for alleged misdeclaration by more than one agency, causing delay and detriment to its interests - HELD THAT - The writ petition is disposed of with a direction to the CBEC to consider the representation as expeditiously as possible, though, not later than 10 days from today - CBEC will pass a speaking order, a copy of which will be furnished to the petitioner. Application closed.

Summary

Issues:
1. Delay in examination of subject consignments due to alleged misdeclaration by multiple agencies.
2. Request for direction from the CBEC to appoint a single agency for examination of goods.
3. Disposal of petitioner's representation dated 17.10.2022.
4. Identification of subject consignments as "dry dates" by petitioner, disputed by official respondents as "black pepper" and "areca nuts".
5. Urgency due to perishable nature of subject goods.
6. Disposal of writ petition with a direction to CBEC within 10 days.

Analysis:
The petitioner sought relief regarding the delay in examining their imported "dry dates" due to alleged misdeclaration by multiple agencies. The petitioner requested the court to direct the CBEC to appoint a single agency for examination to avoid further delays. The official respondents disputed the identification of the goods as "dry dates," claiming they were actually "black pepper" and "areca nuts." Given the perishable nature of the goods, urgency was emphasized. The court disposed of the writ petition by directing the CBEC to consider the petitioner's representation promptly, not later than 10 days from the judgment date. The CBEC was instructed to provide a speaking order to the petitioner and decide promptly on any application for de-stuffing containers to prevent economic losses to the petitioner. The judgment closed the pending application, with parties instructed to act based on the digitally signed copy of the order.