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TMI Blog2015 (1) TMI 1079X X X X Extracts X X X X X X X X Extracts X X X X ..... toms authority and in deciding the issue as regards the consequences thereof. - Appeal disposed of. - A.P.O. No. 22 of 2014 with W.P. No. 836 of 2013 - - - Dated:- 9-7-2014 - Girish Chandra Gupta and Mrinal Kanti Chaudhuri, JJ. Shri Jayanta Mitra, Sr. Advocate with Achinta Kr. Banerjee Sk. Faridullah, Advocates, for the Appellant. Shri R.N. Das, Sr. Advocate with Md. T.M. Siddiqui, Advocate, for the Respondent. ORDER The subject matter of challenge in this appeal is a judgment and order dated 18th December, 2013 by which the learned Trial Court allowed the writ petitioner to re-export the goods being six consignments of furnace oil/fuel oil claimed to have been imported by the writ petitioner. The learned Trial Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the authorities before the court of competent jurisdiction. 2. Mr. Mitra, learned Senior Advocate appearing for the writ petitioner/appellant, submitted that the writ petitioner s contention before the Trial Court was that goods were wrongfully detained by the Customs authority, which resulted in a huge liability towards CFS charges, containers detention charges, insurance charges, etc., for no fault on the part of the petitioner as would appear from Paragraphs 10 to 18 of the writ petition and the ground No. III contained therein. This question the learned Trial Court refused to decide on the following grounds :- In the present case, those samples have already been drawn by the Customs Authorities and have been sent to the laborat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Date : 17-2-2014 Sd/- Commissioner of Customs (Port) Customs House : Kolkata 4. Mr. Mitra submitted that the order dated 17th February, 2014 has also been challenged in this appeal by filing a supplementary affidavit. 5. Mr. Das, learned Senior Advocate appearing for the Customs Department, submitted that the order dated 17th February, 2014 cannot be challenged for the first time before the Division Bench that too, in connection with an appeal arising out of the order dated 18th December, 2013 which is the basis of the order dated 17th February, 2014. He submitted that the order dated 17th February, 2014 can only be challenged in accordance with law and no grievance against that order can be entertained in this appeal. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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