9911796707
TMI Blog2019 (8) TMI 143X X X X Extracts X X X X X X X X Extracts X X X X ..... ate of receipt of the order. 2. In the said Writ Petition, the writ petitioner has challenged the order, dated 08.03.2016 passed by the second respondent herein, which is order-in-original No.45505 of 2016 in F.No.S59/51/2015-GR-5A., and also sought a direction to the respondents therein to cause release of 200 numbers of Sony brand LED TV sets covered under the Bill of Entry No.5901603 dated 24.06.2014 in terms of the orders passed by this Court in W.P.No.5700 of 2015 dated 16.10.2015. 3. The appellant's grievance, as addressed by the appellant in the affidavit filed in support of the Writ Petition, is that the bill of entry No.5901603 through M/s.Cresent Shipping Service for import of 200 numbers Sony LED TV sets by valuing the same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tive remedy to the appellant under the Customs Act. Challenging the order passed by the learned Single Judge, the present Writ Appeal is filed. 7. The learned counsel appearing for the appellant vehemently contended that the learned Single Judge ought to have held that the writ petition falls on the exceptional category and therefore, when challenge was made under Article 226 of the Constitution of India, there is no bar despite there being an alternative remedy available. In fact, the learned counsel further contended that when an order is passed under surmises and conjunctures, the writ Court has got jurisdiction to entertain and quash the said proceedings. 8. In support of his argument, the learned counsel appearing for the appellant a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r release of TV sets which is not primarily a question of law, but purely a mixture of question of law and facts. 13. It is also evident from the records that this Court by an order, dated 16.10.2015, directed the appellant to furnish 100% Bank guarantee for the duty assessed on the value of goods and on furnishing the same, the second respondent was directed to release seven pallet boxes, except boxes 8 and 9, which contained smuggled gold and that condition was not complied with by the appellant. Thereafter only, the order in original came to be passed by the second respondent. It is evidently clear that an appeal provision is provided under Section 128 of the Customs Act, 1962, wherein, the statute provides that any person aggrieved by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icle 226 of the Constitution of India, despite there being an alternative and efficacious remedy available under the statute. It is made clear that when the statute prescribes certain mode of approaching the authorities by way of an appeal, the same shall not be dispensed with by invoking Article 226 of the Constitution of India, unless and otherwise, the person approaching proves prima faciely the special circumstances that warrants invoking jurisdiction under Article 226 of the Constitution of India. 16.In these circumstances, the order passed by the learned Single Judge cannot be interfered with and thus, the present Writ Appeal deserves to be dismissed and the same is dismissed. Consequently, interim orders, if any, granted by this Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
