M/S B K Impex v. Office Of The Commissioner Of Customs & ANR.

$~59 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 2003/2025 M/S B K IMPEX .....Petitioner Through:

Mr. Sholab Arora, Adv. (M: +91 9988544599) versus OFFICE OF THE COMMISSIONER OF CUSTOMS & ANR.

.....Respondents Through:

Mr. Harpreet Singh, Sr. Standing Counsel, Ms. Suhani Mathur and Mr.

Jai Ahuja, Advs.

for R-1.

(M:

9811253531) Mr. Santosh Kumar Rout, Standing Counsel for PNB with Ms. Dharna Veragi, Counsel for PNB/R-2.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE DHARMESH SHARMA

O R D E R

% 17.02.2025 1.

This hearing has been done through hybrid mode. 2.

The Petitioner has filed a present petition under Article 226 of the Constitution of India challenging the impugned communication dated 15th January, 2024 issued by the Respondent No. 1 - Commissioner of Customs (Preventive), IGI Airport, New Delhi. Vide the said communication the Respondent No. 1 had requested the Punjab National Bank, Industrial Complex, Delhi to freeze the subject bank account of the Petitioner. 3.

It is the case of the Petitioner that the said communication for freezing of the subject bank account was issued on 15th January, 2024 in respect of an investigation conducted by the Customs Department qua a third party namely, M/s Singh Trading Co. It is submitted that since issuance of the said The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 18:14:06

communication the Petitioner is unable to operate the subject bank account. 4.

It is also submitted that no show cause notice has been issued till date to the Petitioner by the Customs Department. Further, there is no involvement of the Petitioner in any manner with M/s Singh Trading Co., which was under investigation by the Customs Department.

5.

When the matter was listed in the morning, the ld. Counsel for the Customs Department had requested time to seek instructions. Accordingly, the matter was passed over.

6.

The matter was taken post lunch on second call and the ld. Counsel for the Customs Department informed the Court that the Department has no objection if the subject bank account is de-freezed. 7.

Considering that substantial amount of time has already lapsed and there are no allegations against the Petitioner itself, as also in view of the stand of the Customs Department, it is directed that the Petitioner's bank a/c No. 0984102100000669 in Punjab National Bank, be de-freezed immediately. 8.

Mr. Santosh Kumar Rout, ld. standing counsel for Punjab National Bank is requested to intimate today's order to the concerned officials of the said bank so that the order can be given effect to within 48 hours. 9.

The present petition is disposed of in these terms. Pending application, if any, is also disposed of.

PRATHIBA M. SINGH, J.

DHARMESH SHARMA, J.

FEBRUARY 17, 2025/dk/ms The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 18:14:06