2015 (1) TMI 1078

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..... raj, learned counsel appearing for the petitioner and Mr. P. Chandrasekar, learned Senior Central Government Standing Counsel appearing for the respondents. 2. The petitioner has come up with the present writ petition for the issuance of a writ of mandamus directing the respondents to release the consignment of Snap Fasteners, Sliders, Elastic Tapes and Sewing Needles and other goods and per .....

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..... e Warehouse and Packing Department have dispatched the wrong goods lying at the Warehouse instead of the goods as specifically ordered. Therefore, the petitioner requested the authority to re-send the goods to China as the other goods were wrongly sent by the staff of the Warehouse and they were not really intended to send such items. The petitioner also requested the importer to clear the goods b .....

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..... misused by selling the same by Mr. Pradeep one of the employees of M/s. Shiny Knitwear, Tirupur. Therefore, a show cause notice dated 28-2-2013 has been issued and the matter is pending for adjudication. The goods have been misdeclared in order to evade payment of Anti-dumping duty. The investigation reveals that the petitioner has intentionally shipped the goods along with the declared goods. Si .....

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..... ispatched the goods instead of the declared goods has to be proved only by way of adjudication. Therefore, the relief sought for by the petitioner to release the goods or reshipment cannot be granted at this stage. However, since the importer has disowned the goods, there is no impediment for the authority to permit the petitioner to participate in the adjudication process, as they claims to be th .....

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..... petitioner for adjudication. The petitioner is also directed to appear before the authority on the date to be fixed by them for adjudication process. Since the goods have been lying in the Port, the respondents are directed to complete the adjudication process within a period of four months from the date of receipt of a copy of this order, after affording reasonable opportunity to the petitioner a .....

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