Rajesh Kumar Sadani v. Principal Commissioner Of Customs (Port) And ORS

OD-36 WPO/3118/2022

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE RAJESH KUMAR SADANI -VersusPRINCIPAL COMMISSIONER OF CUSTOMS (PORT) & ORS.

BEFORE:

The Hon'ble JUSTICE MD. NIZAMUDDIN Date : 8th December, 2022.

Appearance :

Mr. Sudhir Mehta, Adv.

Mr. Anurag Bagaria, Adv., for the petitioner.

Mr. Bhaskar Prasad Banerjee, Adv.

Ms. Manasi Mukherjee, Adv., for the customs authority.

Mr. Subhankar Chakraborty, Adv., Mr. Saptarshi Bhattacharjee, Adv., Ms. Ruchira Manna, Adv., Ms. Sristi Paul, Adv., for the respondent no.4.

Mr. Pranit Bag, Adv.

Mr. Joydeep Guha, Adv., for the respondent no.5.

The Court: Heard the learned Advocates appearing for the parties and considering the document issued by the Deputy Commissioner of Customs, Group - III, Port Commissionerate, Kolkata dated 17th October, 2022 being Annexure P-3 at page 38 of the writ petition, I direct that the respondent no.4 and the

respondent no.5 shall release the goods in question subject to fulfillment of the formal condition particularly furnishing of bond by the petitioner as submitted by the learned Advocate representing the respondent no.5. Such conditions has to be intimated to the petitioner by them within three days and the petitioner within a week from receipt of such intimation from the respondent no.4 and respondent no.5 shall comply with the same and the respondent no.4 and the respondent no.5 within three days from compliance of such condition shall release the goods in question. The customs authority will co-ordinate in the matter. The customs authority shall consider the application of the petitioner dated 25th November, 2022 in accordance with law within a week from date.

With the above observations and directions, the writ application [WPO/3118/2022] stands disposed of. (MD. NIZAMUDDIN, J.) S.Das/