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

OD - 2 ORDER SHEET WPO/1128/2022

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 : 8TH March, 2022.

Appearance:

Mr. Sudhir Mehta, Adv.

Mr. Anurag Bagaria, Adv.

..for the petitioner Mr. Kaushik Dey, Adv.

Mr. Tapan Bhanja, Adv.

..for the respondents The Court: Heard learned Advocates appearing for the parties. Mr. Dey, learned Advocate appearing for the respondents fairly submits that this writ petition can be disposed of in view of the fact that the respondent custom authority concerned has already issued a 'No Objection Certificate' of destuffing of the goods in question and 'Demurrage Certificate' and the respondent concerned is ready and willing to consider the prayer of the petitioner for provisional release, as has been made by the petitioner, dated 16th February, 2022 as appears at page 91 of the writ petition within ten days from the date of the communication of this order. He further

submits that for the purpose of investigation and adjudication sample has already been drawn and sent to the laboratories concerned. Considering the submission of Mr. Dey, which has been recorded herein, no further order is required to be passed in this writ petition and accordingly, this writ petition being WPO NO. 1128 of 2022 is disposed of on the basis of aforesaid submission of Mr. Dey. It is clarified that this Court has not gone into the merits of other allegations in this writ petition.

(MD. NIZAMUDDIN, J.) Sbghosh