9911796707
TMI Blog2022 (12) TMI 1302X X X X Extracts X X X X X X X X Extracts X X X X ..... infructuous. Petition dismissed. - R/SPECIAL CIVIL APPLICATION NO. 23177 OF 2022 - - - Dated:- 16-12-2022 - HONOURABLE MS. JUSTICE SONIA GOKANI AND HONOURABLE MRS. JUSTICE MAUNA M. BHATT LD.SR.ADV.MR.ANSHIN DESAI WITH MR.NANDISH H THACKAR FOR THE PETITIONER MR PRIYANK LODHA FOR THE RESPONDENT ORDER PER : HONOURABLE MS. JUSTICE SONIA GOKANI 1. The petitioner by present petition under Article 226 of the Constitution of India challenges the action of the respondent to illegally detained the consignment of the petitioner of dry dates imported vide Home Consumption Bill of Entry No.1009007 dated 20.06.2022 as well as DTA Bill of Entry No.2007171 dated 23.06.2022 vide Detention Memo dated 26.07.2022 issued by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 24.06.2022 by the Petitioner; In the Alternative (ii) stay the implementation, operation and execution of the impugned communication dated 26.07.2022 at Annexure-A hereto issued by Respondent No.3, in so far as the same pertains to the Petitioner and provisionally release the consignment imported under Home Consumption Bill of Entry No.1009007 dated 20.06.2022 by the Petitioner; (C) Grant ex-parte ad-interim relief in terms of para (B) above be granted; (D) Award cost of this petition. (E) Pass such other and further orders as may be deemed just and expedient, in facts of the present case, in favour of the Petitioners. 2. We have heard the learned senior advocate, Mr.Anshin Desai assisted by the learned advoca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 37 crores by way of diversion of duty free import goods viz. Areca Nut, White/Black Pepper. Meanwhile, the enquiry with respect to subject consignment has been done. The petitioner has submitted required documents only on 14.12.2022 based on which it appears that the Country of Origin certificate for the said consignment is genuine. No other evidence is available for continued detention of said goods. Hence DRI has no objection to release of detained goods subject to decision by the Court. It is requested that the Hon ble High Court may be apprised about this progress. This issue with the approval of ADG,DRI,AZU. 4. We have heard the learned senior advocate, Mr.Anshin Desai assisted by the learned advocate, Mr.N.H.Thackar. 5. C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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