M/S Gms Impex v. Union Of India And ORS.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7085/2019 & C.M.No.29536/2019 (stay) M/S GMS IMPEX ..... Petitioner Through:

Mr.Priyadarshi Manish, Adv. with Mr.Sagar Rohatgi, Ms.Nidhi Tomar, Advs.

Versus

UNION OF INDIA AND ORS.

..... Respondents Through:

Mr.Asheesh Jain, CGSC with Mr.Adarsh Kumar Gupta, Adv. for R-1.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR

O R D E R

% 05.07.2019 1.

This writ petition has been preferred challenging the seizure of the goods for which the memo was issued on 18th June, 2019 against Bill of Entry ('BoE') No.2654919 dated 1st April, 2019. 2.

Having heard the learned counsel for the parties and looking into the facts and circumstances of the case, it appears that very hurriedly this petitioner has moved to this Court. The investigation into the matter is still going on. If the petitioner desires for provisional release of the goods, it can move an application under Section 110-A of the Customs Act, 1962. As and when such an application is preferred, the same will be decided by the respondents in accordance with law.

3.

At this stage, we see no reason to set aside the seizure memo as the investigation is still pending. We are not going much into the details of the merits of the case because the investigation is still going on. 4.

With these observations, the writ petition is dismissed.

C.M.No.29536/2019 In view of the final order passed in the writ petition, this application is also dismissed.

CHIEF JUSTICE C.HARI SHANKAR, J JULY 05, 2019 „anb‟