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High Court of DelhiW.P.(C)/4348/2018

Mittal Impex v. The Principal Commissioner Of Customs (Import),Icd, Tughlakabad,New Delhi & ORS.

2018-05-31Hon'Ble Mr. Justice Sanjiv Khanna,Hon'Ble Mr. Justice Chander Shekhar2 pages

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4348/2018 & CM Nos. 16856/2018 & 18175/2018 MITTAL IMPEX ..... Petitioner Through:

Ms. Priyadarshi Manish, Ms. Anjali J.

Manish and Ms.

Nidhi Saini, Advocates.

versus THE PRINCIPAL COMMISSIONER OF CUSTOMS (IMPORT),ICD, TUGHLAKABAD,NEW DELHI & ORS. ..... Respondents Through:

Mr. Amit Bansal and Mr. Akhil K., Advocates for R-1 to 4.

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 31.05.2018 It is pointed out that Mr. Harsh Mittal had appeared before the authority on 07.05.2018 and his statement was recorded under Section 108 of the Customs Act, 1962.

Learned counsel for the parties state that detention memo has been lifted.

In respect of the goods subject matter of seizure memo dated 17.01.2018, on application being filed by the petitioner, terms of provisional release under Section 110A of the Customs Act, 1962, have been communicated to the petitioner.

Petitioner has raised dispute and issue regarding the provisional release order as mentioned and recorded in CM No. 18175/2018. Our order dated 29.05.2018 records contentions and submissions made.

Counsel for the petitioner states that he would raise these additional contentions in appeal.

Learned counsel for the petitioner states that they would be filing an appeal against the provisional release order/communication dated 04/05.04.2018 within the next two working days. The petitioner states that he would also file an application/representation for an expeditious and early disposal.

Order dated 01.05.2018 records that the petitioner would prefer an appeal against the provisional release order, and would request the first appellate authority for expeditious disposal. This request, we have observed, would be considered by the appellate authority. Recording the aforesaid, we dispose of the writ petition and pending applications. However, liberty is granted to the petitioner to move an application in the present writ petition, if there is delay in disposal of the appeal by the first appellate authority. SANJIV KHANNA, J CHANDER SHEKHAR, J MAY 31, 2018/rd