Writ petition dismissed for release of banned goods; petitioner warned of potential arrest The High Court of Madras dismissed the writ petition seeking the release of a consignment containing banned items and counterfeit goods. The petitioner ...
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Writ petition dismissed for release of banned goods; petitioner warned of potential arrest
The High Court of Madras dismissed the writ petition seeking the release of a consignment containing banned items and counterfeit goods. The petitioner was informed of potential arrest pending investigation due to the intellectual property rights violation. The court granted the petitioner liberty to apply for re-export, emphasizing the importance of following proper procedures and submitting written requests for consideration.
Issues: 1. Petition to direct the respondent to release the consignment. 2. Import of banned items and IPR violation. 3. Request for re-export of goods.
Analysis: 1. The petitioner filed a Writ Petition seeking direction to the respondent to consider his representation dated 14-12-2017 for the release of the consignment mentioned in the Bill of Entry dated 5-12-2017. The respondent, in a detailed counter affidavit, explained that the consignment could not be released due to the import of banned 'Adult Toys' and other counterfeit items, which violated intellectual property rights (IPR) with a total value exceeding Rs. 1 crore. Consequently, the petitioner was informed of potential arrest pending further investigation.
2. The petitioner's counsel argued that the supplier had mistakenly sent the goods intended for a customer in Bangkok to the petitioner and requested re-export of the cargo. However, this request was made after the goods had already been examined on 11-12-2017, and no written request for re-export was submitted. As a result, the court dismissed the writ petition but granted the petitioner liberty to file an application before the respondent for permission to re-export. The respondent was directed to consider such an application within two weeks of receipt, based on merit and in accordance with the law.
3. In conclusion, the High Court of Madras dismissed the writ petition but allowed the petitioner to seek permission for re-export through a formal application. The judgment emphasized the importance of following proper procedures and documentation in such cases, highlighting the need for written requests to be considered valid for further actions.
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