Manish Agency v. Commissioner Of Customs (Imports) Icd Tkd New Delhi & ANR.

$~31 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1226/2017 & CM No.5527/2017 MANISH AGENCY ..... Petitioner Through:

Mr. Vikas Sareen, Advocate.

Versus

COMMISSIONER OF CUSTOMS (IMPORTS) ICD TKD NEW DELHI & ANR.

..... Respondents Through:

Ms. Namrata Bharti for Mr.Harpreet Singh, Advocate for Respondent No.1.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 10.02.2017 CM No.5527/2017 (for exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed off.

W.P.(C) 1226/2017 3.

Issue notice. Ms. Namrata Bharti for Mr. Harpreet Singh, Advocate accepts notice for respondent No.1.

4.

The petitioner in these proceedings seeks a direction to the respondents to make appropriate orders for release of its goods covered by two bills of entry dated 30.12.2016 and 04.01.2017, which are covered by Panchnamas dated 05.01.2017 and 06.01.2017.

In addition, one of the Panchnamas covers seizure of goods made from the petitioner's godowns on 27.12.2016, which was covered by another bill of entry of that date. The bills of entry and the goods seized are PVC Films. W.P.(C) 1226/2017

5.

Counsel, for respondent No.1 who appears on advance notice, states on instructions, that the concerned Commissioner would make an order for provisional release of the goods. Having regard to the circumstances, the Court hereby clarifies that at that stage the Commissioner shall also take into account the amounts deposited by the petitioner, in respect of the Panchnamas and the goods seized under that document, and credit the same accordingly.

6.

Subject to the above clarifications, the order of provisional release indicating the conditions applicable shall be made within two weeks and directly communicated to the petitioner.

7.

The writ petition stands disposed off in the above terms. 8.

A copy of this order be given dasti to the parties. S. RAVINDRA BHAT, J.

NAJMI WAZIRI, J.

FEBRUARY 10, 2017 sb W.P.(C) 1226/2017