9911796707
TMI Blog2023 (7) TMI 75X X X X Extracts X X X X X X X X Extracts X X X X ..... reply affidavit of Shri. D. S. Garbyal, Commissioner of Customs dated 15th June 2023 and has tendered the same. Such practice of getting the affidavit affirmed and not being placed on record is unknown. This is not fair even to the deponent of the affidavit as although, the reply was affirmed on 15th June 2023, the same was not placed on record, when certainly the deponent i.e. the Commissioner of Customs who affirmed the affidavit on 15th June 2023 was made to believe that the reply is meant to be filed before the Court, and that too in compliance of the order dated 3rd May 2023. Insofar as the goods which are not subject matter of investigation and/or which are otherwise not the subject matter of the Bills of Entry as set out in paragr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se of re-export and had filed Warehousing Bills of Entry. It is the case of the Petitioner that part of the said goods were warehoused in a custom bonded warehouse and partly were taken at one Navkar Container Trade Station after clearance from the warehouse. 4. The Petitioner has contended that the Petitioner had approached the customs authorities for release of the said goods for re-export, but no reply was received. Petitioner has also contended that the goods are suffering retention and pilferage and which is causing huge losses to the Petitioner if the goods are not immediately released to be re-exported. Learned counsel for the Petitioner has drawn our attention to the record and more particularly to a seizure memo dated 3rd Januar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anuary 2023, 10th January 2023, 23rd January 2023 and 6th February 2023, requesting the segregation, release and permission to reexport the goods lying in the customs bonded warehouse of M/s. Allsam Shipping and Logistics Pvt. Ltd. It is submitted that however, no reply was received from the Respondents, and no action has been taken to release and permit re-export of the goods, hence the present petition was required to be filed. 6. Having heard learned counsel for the parties and having perused the record, we are of the opinion that the Respondents cannot detain the goods endlessly and more particularly considering the nature of the goods which are perishable. Although, the petition was filed on 16th March 2023 and the same was immediat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ber 2022 is being investigated by Central Intelligence Unit (CIU) / JNCH. In paragraph 23, the deponent has stated that as the Bills of Entry are under investigation, the goods were not permitted to be released till participation of the Petitioner in the ongoing investigation takes place. Paragraph 23 of the reply reads thus:- 23. With reference to Para 25 of the Petition, the contents are denied. It is submitted that the status of the IEC holder/Importer was found to be dubious, the goods covered under Bill of Entry No. 3555569 dated 01.12.2022 filed by M/s. Highland International (IECAAMFH8931M) at Navkar CFS, filed through authorized Customs Broker M/s. Peejaycee and Company (AAFFP5032QCH004) were seized vide Seizure Memo dated 12.0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d, thereafter, cooperate with the said officer in the course of investigation. The Petitioner shall also intimate in writing the name and address of its representatives who would represent the Petitioner before the concerned department and receive all the communications from the Respondents as also, the email address, telephone number, mobile number, etc. Such intimation shall be made by the Petitioner on or before 4th July 2023. In the event, the correspondence intimation, notices are issued by the Respondents to the Petitioner on such address, email ID, telephone and mobile phone and the same are not responded by the Petitioner, it shall be presumed by the Respondents that the Petitioner is not co-operating in the investigation process an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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