9911796707
TMI Blog2016 (10) TMI 21X X X X Extracts X X X X X X X X Extracts X X X X ..... oms (Exports) or his delegates - examination by Commissioner of Customs to be done as expeditiously as possible and within a period of four weeks - while passing any orders, the said Officer shall issue a notice to the petitioner to appear before him and decide the issue raised by a reasoned order, uninfluenced by any of the contents and statements in the affidavit in reply - petition disposed off - decided in favor of petitioner. - Writ Petition No.7199 of 2016 - - - Dated:- 11-7-2016 - S.C. DHARMADHIKARI AND DR. SHALINI PHANSALKARJOSHI, JJ. Mr. Sujay Kantawala with Ms. Chandani Tanna i/by India Law Alliance for the Petitioner. Mr. Pradeep S. Jetly and Mr. Swapnil R. Patil for the Respondent. ORDER P.C: 1. The p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k and following which the Advocate for the petitioner made a representation also on 1822016, a copy of which is at Exhibit to the petition. It is the case of the petitioner that instead of examining the request, the authorities had, firstly, granted permission to warehouse the goods on examination of the same. Once they were so examined, then, the petitioner was expecting the usual No Objection Certificate for the export of the goods. 5. However, neither the Bills of Entry were processed for such NOC nor the No Objection Certificate has been issued. The petitioner is holding the three Bills of Lading, but faces a peculiar situation because of the godown/warehousing charges. The goods are incurring heavy detention and demurrage charges. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e acts, such as export of carpets in this case. While it is true that powers of investigation are conferred for gathering intelligence on this Directorate, beyond that it is the recommendation made which can at best be taken into account, but would never bind the adjudicating authorities. This distinct departure in the nature of functions and duties is lost sight of and more because of the overenthusiasm by the DRI. We hope and expect that hereafter the Court's time would not be wasted by filing such detailed affidavits. 8. What we have noted from the petition and the Exhibits thereto, and all the statements in the affidavit in reply, is that there is a doubt expressed about the transaction and undertaken by the petitioner. How that ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
