Nand Kishor Singh, Proprietor Of M/S. News Air Services v. The Commissioner Of Customs (Preventive), W. B. Kolkata And ANR.

od-13

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WPO/94/2025 NAND KISHOR SINGH, PROPRIETOR OF M/S. NEWS AIR SERVICES VS THE COMMISSIONER OF CUSTOMS (PREVENTIVE), W. B. KOLKATA AND ANR.

BEFORE :

HON'BLE JUSTICE RAJA BASU CHOWDHURY DATE : 8th May, 2025.

Mr. Shaunak Ghosh, Adv.

Mr. Ashok Bhowmik, Adv.

Ms. Shreyashi Maity, Adv. ...for petitioner.

Mr. B. P. Banerjee, Adv.

Mr. Abhradip Maity, Adv. ...for respondents.

The Court :- 1. The petitioner seeks consideration of representation dated 26.10.2022 by the respondents and claim the same has been filed to avail the option provided in section 125 of the Customs Act, 1962 in terms of the liberty granted by the Division Bench of this Court in Customs Appeal being CUSTA/69-71/2018 dated 24.4.2019.

2. Upon hearing the advocates for the parties and upon considering the materials on record since it appears from the aforesaid order dated 24.4.2019 that the petitioner was afforded two months time to avail such option, I am of the view that there is no scope for this court to extend the time and direct the respondents to consider such representation.

3. In view thereof, the writ petition stands dismissed.

4. Dismissal of the aforesaid writ petition shall, however, not stand in the way of the petitioner applying for extension of time before the appropriate forum, if so advised.

(RAJA BASU CHOWDHURY, J.) pkd.