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TMI Blog2007 (9) TMI 79X X X X Extracts X X X X X X X X Extracts X X X X ..... ent No.2 to release the seized Indian currency of Rs.23.90lakhs and to prohibit the said Respondent from requiring the Petitioner tomaintain a minimum balance of Rs. 4.89 lakhs in the bank accounts of thePetitioner. 2. The case of the Petitioner is that he is a regular importer of PU coated fabric. According to the Petitioner, he has been importing this fabric of 1.0 m.m. + - 3% thickness over a period of time and it is stated that over 300 such imports have been made from time to time. 3. When the Petitioner imported the goods under the present bill of entry bearing number 583202 at the rate of US$ 1.55 per meter, the Respondents took action to seize these goods. 4. Earlier, the Respondents had searched the premises of the Peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2007, when the matter was referred to the Central Research Chemical Laboratory ('CRCL'). We have been told by learned counsel for the Respondents that certain procedural formalities were not complied with when the samples were taken and therefore, fresh samples were taken in July, 2007 and the report from the CRCL is still awaited. In the absence of any material to the contrary, we have no option but to believe the Petitioner when it says that the thickness of the imported PU coated fabric is 1.0 m.m. +- 3%. 9. We may note our surprise that even though about five months have gone by, the Respondents have not been able to ascertain the thickness of the imported goods which itself may lead to other complications such as charges for wareh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lue of the goods, that is, imports by other parties in ICD, Tughlaqabad and the circular issued by the Commissioner of Customs (Import), Mumbai, suggests that PU coated fabric of thickness 1.0 m.m. +- 3% must be valued at US$ 1.90 per meter. 14. Under the circumstances, we allow the first prayer of the Petitioner in the application and direct the Respondents to release PU coated fabric imported by the Petitioner under bill of entry number 583202 on a value of US$ 1.90 per meter. Of course, this will be provisional and pending adjudication proceedings. 15. Insofar as the differential amount of duty is concerned, that is, on US$ 5.50 per meter claimed by the Respondents and US$ 1.90 per meter under which clearance is sought by the Pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time. These goods cannot be said to be smuggled goods. 19. Even though there is a dispute in respect of the correct value of the goods, that does not necessarily classify the goods as smuggled goods. The goods were imported by the Petitioner in accordance with law and were cleared by the Customs authorities in accordance with law. The goods may have been grossly underinvoiced but that is a different matter altogether and will have to be decided by the authorities as and when they initiate adjudication proceedings against the Petitioner. 20. Learned counsel for the Respondents also drew our attention to Section 125 of the Customs Act and pointed out that goods imported by the Petitioner are not notified goods and therefore, the burd ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n proceedings have not yet been initiated against the Petitioner. 24. For the reasons mentioned above, we are of the view that the Petitioner is also entitled to the second prayer made, namely, for the release of Indian currency of Rs. 23.90 lakhs as well as freedom from the requirement to keep a minimum balance amount of R.4.89 lakhs in the bank accounts of the Petitioner. 25. However, so far as to restituting the Respondents in case the adjudication proceedings are terminated against the Petitioner, learned counsel for the Petitioner states that the authorized representative of his client will file an undertaking in this Court within a week stating therein that in case the adjudication proceedings are decided against the Petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X
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