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High Court of DelhiW.P.(C)/11171/2015

Saket Dalmia,Director,M/S. Pg Industry Limited & M/S. Priceless Overseas Limited, v. Union Of India & ANR.

2016-08-29Hon'Ble Mr. Justice S. Ravindra Bhat,Hon'Ble Ms. Justice Deepa Sharma3 pages

$~11 to 13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11171/2015 & CM No.29032/2015 SAKET DALMIA,DIRECTOR,M/S. PG INDUSTRY LIMITED & M/S. PRICELESS OVERSEAS LIMITED, ..... Petitioner Through Mr. M P Devnath, Mr. Abhishek Anand and Mr. Yogendra Aldak, Advs.

versus UNION OF INDIA & ANR.

..... Respondent Through Mr. Kirtiman Singh, CGSC with Mr.

Santosh Kumar Pandey, Adv. for UOI Mr. Sanjeev Narula, sr. standing counsel for R-2 Mr. Aditya Singla, sr. standing counsel for DRI + W.P.(C) 11172/2015 & CM No.29034/2015 M/S. PRICELESS OVERSEAS LIMITED, ..... Petitioner Through Mr. M P Devnath, Mr. Abhishek Anand and Mr. Yogendra Aldak, Advs.

versus UNION OF INDIA & ANR.

..... Respondent Through Mr. Kirtiman Singh, CGSC with Mr.

Santosh Kumar Pandey, Adv. for UOI Mr. Sanjeev Narula, sr. standing counsel for R-2 Mr. Aditya Singla, sr. standing counsel for DRI

+ W.P.(C) 11217/2015 & CM No.29200/2015 PG INDUSTRY LIMITED ..... Petitioner Through Mr. M P Devnath, Mr. Abhishek Anand and Mr. Yogendra Aldak, Advs.

versus UNION OF INDIA & ANR.

..... Respondent Through Mr. Kirtiman Singh, CGSC with Mr.

Santosh Kumar Pandey, Adv. for UOI Mr. Sanjeev Narula, sr. standing counsel for R-2 Mr. Aditya Singla, sr. standing counsel for DRI

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 29.08.2016

1. The controversy raised by the petitioners in these proceedings is limited to the issue whether the physical copies of bills of entries, pertaining from 2003-2008 in respect of the clearances of which the Show Cause Notice proceedings were initiated, should be made available. The Department of Revenue Intelligence (DRI) which has been arrayed as first respondent urges that it does not possess the physical copies of the bills of entries but rather that it examined the other materials such as extracts of adjudication proceedings/orders etc. to issue the show cause notices impugned.

In the course of hearing counsel for DRI submitted that original bills of entries - details of which have been spelled out from page 96 to 205 of the writ petition is available with the customs authorities.

2. This Court is of the opinion that since the contents of the bills of entry is relevant for proper adjudication of the show cause notices, the customs authorities should cooperate with DRI and ensure that all the copies of the bills of entries described in show cause notices should be made available as soon as possible and in any event within three months from today. The petitioners shall be entitled to file their final reply upon receipt of bills of entries after which the proceedings may commence. Till then the adjudication proceedings will be kept in abeyance.

3. The writ petitions are disposed of in above terms.

4. Order dasti.

S. RAVINDRA BHAT, J DEEPA SHARMA, J AUGUST 29, 2016 VLD