M/S Topsia Estate Pvt Ltd. v. Additional Director General Directorate Of Revenue Intelligence And ORS

OD 58 ORDER SHEET WPO 1020 of 2022

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE M/S. TOPSIA ESTATE PVT LTD.

Vs ADDITIONAL DIRECTOR GENERAL, DIRECTORATE OF REVENUE INTELLIGENCE AND ORS.

BEFORE:

The Hon'ble JUSTICE MD. NIZAMUDDIN Date : 10th March, 2022 (Via Video Conference) Mr. Sudhir Mehta, Mr. Anurag Bagaria, Advs.

...for the petitioner Mr. Kaushik Dey, Mr. Tapan Bhanja, Mr. S. Mukherjee, Advs.

...for the respondents The Court: Pursuant to my order dated 8th March, 2022, Mr. Dey, learned advocate appearing for the respondent Directorate of Revenue Intelligence has submitted a written instruction dated 10th March, 2022 duly signed by Mr. Spencer M. Mylliem, Deputy Director, Directorate of Revenue Intelligence, on perusal of which it appears that the officer concerned has agreed to release the goods in question provisionally on completion of preliminary enquiry relating to the valuation of goods in question within two weeks from date. Let such instruction filed by Mr. Dey be kept with the record. Taking into consideration the aforesaid written instruction dated 10th March, 2022 issued by the officer concerned, this writ petition is

disposed of by directing the officer concerned to act as per the aforesaid instruction for completion of preliminary enquiry of valuation as well as for consideration of provisional release of the goods in question. So far as the prayer of Mr. Mehta for waiver of detention charge, he is given liberty to make appropriate representation before the officer concerned who will consider the same by taking a reasonable stand.

It is clarified that for provisional release of goods in question, petitioner will make a formal application before the authority concerned.

With these observations and directions, this writ petition being WPO 1020 of 2022 stands disposed of.

(MD. NIZAMUDDIN, J.) TR/