Mohammed Wasim Haider And ANR. v. The Principal Commissioner Of Customs (Airport And Acc) And ORS.

03.09.2025 sb Ct.5.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 15452 of 2025 Mohammed Wasim Haider & Anr.

Versus

The Principal Commissioner of Customs & Ors.

Mr. Shovendu Banerjee Mr. Lalit Baid Mrs. Sudeshna Ghosh Ms. Sanjana Shaw ... For the petitioners.

Ms. Manasi Mukherjee Mr. Bijitesh Mukherjee ... For the respondent nos. 1 and 2.

Mr. Praloy Bhattacharjee Mr. Kausik Roy ... For Union of India.

1.

Affidavit of service filed in Court is taken on record.

2.

Although, the instant writ petition has been filed, inter alia, praying for a direction upon the concerned respondents to forthwith allow the prayer of the petitioners for provisional release of the goods after reexamination and revaluation of the same, I, however, find that by an order dated 5th May, 2025, the concerned respondents had already allowed provisional release of the goods subject to compliance of certain conditions. Although, the petitioners had sought for re-examination and revaluation, in my view the same cannot be sought for as a matter of right, without there being any cogent basis therefor. It is not the case of the petitioners that the

WPA 15452 of 2025 authority concerned is not competent to impose conditions while allowing provisional release under Section 110A of the Customs Act, 1962. If the petitioners have not complied with such condition, I am of the view that the petitioners cannot be entitled to relief as sought for.

2.

In view thereof, I find no merit in the writ petition and the same is accordingly dismissed.

(Raja Basu Chowdhury, J.)