9911796707
TMI Blog2016 (10) TMI 21X X X X Extracts X X X X X X X X Extracts X X X X ..... just, equitable and in the interest of justice that this Hon'ble Court may be pleased to issue a Writ of Mandamus or writ in the nature of Mandamus or any other appropriate writ, order or direction ordering and directing the Respondents jointly/collectively and their subordinate officers to forthwith: i. To allow the re-export of the goods, after lifting the seizure covered by 3 Bill of Lading Nos. EXP/HAM/038/12/2015, EXP/HAM-001/01/2016 and JEANSA1631346, Exhibit A, B & C, as per the terms and conditions imposed as per the pleasure of this Hon'ble Court; ii. to direct the Respondent to issue necessary Certificate for waiver of the Detention Charges; iii. Cease and desist from issuing summons and again calling for reexami ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... export the goods. The goods are lying at Nhava Sheva. Thus, the decision and on the representation be taken as expeditiously as possible. 6. Affidavit in reply has been filed to this writ petition in which, how there is a fraud perpetrated on the Revenue is narrated and with great details. The necessity to issue summons/the recording of statements and equally a systematic plot, according to the Directorate of Revenue Intelligence (DRI), has been unearthed. Now that the steps are being taken, any order passed by this Court would prejudice the same. More so, when the petitioner has not yet cooperated. His examination is necessary to elicit the details. For all these reasons, it is submitted that the petition be dismissed. 7. After hearing b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the owner of the same, then that request would have to be examined not by the DRI but by the Commissioner of Customs (Exports) or his delegates. Let that be done as expeditiously as possible and within a period of four weeks from the date of receipt of a copy of this order.
9. Needless to clarify that 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. He shall not rely solely on the contents of the report or the recommendations of the DRI. The matter must be decided strictly on merits and in accordance with law. The writ petition is disposed of. X X X X Extracts X X X X X X X X Extracts X X X X
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