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TMI Blog2019 (8) TMI 603X X X X Extracts X X X X X X X X Extracts X X X X ..... ing to the dates of detention and the release order made in this behalf on subsequent bills of Entry and issues a certificate to petitioner. The petitioner is given liberty to enclose a copy of this judgment together with a request to Ist respondent and upon receipt of such a request, certificate is issued by first respondent within three days therefrom. Petition disposed off. - WP(C). No. 16854 of 2019 - - - Dated:- 1-8-2019 - MR S. V. BHATTI, J. For The Petitioner : ADVS. SRI. P. A. AUGUSTIAN AND SMT. CIMY VARGHESE For The Respondents : ADVS. SRI. THOMAS MATHEW NELLIMOOTTIL, SC, CENTRAL BOARD OF EXCISE AND CUSTOMS AND SRI. S. MANU, CGC, DIRECTORATE OF REVENUE INTELLIGENCE KERALA REGIONAL U ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sing of the writ petition, reads thus; 3. It is submitted that, further investigations revealed that Mr. Karothukudy Abbas Muhammed Asif and Mr.Pareeth Aliyar Pallathukadavil are the Directors of M/s IMELT Extrusions Pvt. Ltd and that Mr. Nisar P. Aliyar, S/o Pareeth Aliyar and Mr. Asif are the master mind of the said smuggling of gold and Mr.Nizar P. Aliyar was arrested by DRI, Mumbai Zonal Unit and is still under Custody (Detention under COFEPOSA Act, 1974). The other culprit Mr.Asif is still absconding and yet to be interrogated. 4. It is humbly submitted that in the meantime, DRI have issued Restrain Order for detailed examination of two containers bearing Nos.RFCU 2208160 BSIU 2279099 imported vide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e authorized representative stipulates a day for appearance of that person for conducting detailed examination and completes the entire exercise within two weeks from the date of presentation by the authorized representative. The Senior Standing Counsel is given liberty to communicate this order forthwith to the respondent. 4. Thereafter, the second respondent issued Ext. P4 release order dated 12.06.2019. Pursuant thereto, the petitioner is required to get the goods covered by the bill of entry released in accordance with law. The petitioner for the purpose of reducing/waiving the liability of demurrage charges on the part of the petitioner prays for consideration and issuing directions to the respondents to issue what is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ondents to issue a separate detention certificate to enable the petitioner to get waiver or remission of demurrage charges. 6. The second respondent filed counter affidavit and states that delay in ordering release of goods is attributable to the petitioner and serious allegations are also made against the petitioner in the regular course of business of importing goods by the petitioner. 7. This Court in the present writ petition is not dealing with either principal or ancillary issues. The parties may have in this behalf, but prayer is concerned whether the petitioner is entitled for a certificate for the detention period from 12.04.2019 to 12.06.2019. 8. Sri. P.A. Augustine, prefaces his sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9. Sri. Thomas Mathew Nellimoottil and also Sri. S. Manu oppose the writ prayer in all fours. According to them, the certificate now placed on record by the petitioner is a stand alone situation unparalleled in the procedure and practice implemented by the respondents. According to them, the respondents are not obligated in law to give a certificate as requested by the petitioner. Alternatively, it is contented that the first respondent did not order for detention of goods much less for releasing the goods. Therefore, the first respondent cannot be compelled to issue a detention certificate. The second respondent's counsel submits that though it has ordered for detention of the goods, on the Intelligence inputs it has received, it orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter affidavit is filed, but submissions are made. 11. This Court after appreciating the limited object for which the detention certificate by reference to proceedings is insisted upon by the petitioner is convinced that the first respondent could be directed to issue a certificate referring to the dates of detention and the release order made in this behalf on subsequent bills of Entry and issues a certificate to petitioner. 12. For the said purpose, the petitioner is given liberty to enclose a copy of this judgment together with a request to Ist respondent and upon receipt of such a request, certificate is issued by first respondent within three days therefrom. It is made clear that the issue of certificate ..... X X X X Extracts X X X X X X X X Extracts X X X X
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