Court Orders Prompt Decision on Export, Justification for Withholding Consignments

The court ordered respondent No.3 to promptly decide within 7 days whether to allow the export of the petitioners' goods covered by the shipping bills, potentially after a personal hearing. Respondent No.2 was directed to justify withholding export consignments without a seizure order. The matter was adjourned for further proceedings, with the order to be digitally signed for action by concerned parties upon receipt.

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Issues:
Export consignments held up by officials of respondent No.2, seizure of currency and goods, representation seeking release of detained goods, justification for holding up export consignments, clearance of export goods under Customs Act, 1962.

Analysis:
The judgment involves three writ petitions concerning manufacturers and exporters of silk fabrics and carpets whose export consignments were held up by officials of respondent No.2. The petitioners sought the release of their goods, emphasizing that the goods intended for export were not prohibited. A search conducted on their premises led to the seizure of currency and other items. The petitioners submitted a representation seeking the unconditional release of their detained goods, which was not responded to, prompting them to file the writ petitions.

The petitioners' counsel referred to a circular by the Central Board of Excise and Customs stating that export consignments should not be held up for extended periods unless the goods are prohibited under the Customs Act, 1962. On the other hand, respondent No.2's counsel requested time to file an affidavit, indicating that the papers were received recently. The judgment highlighted the provisions of sections 50 and 51 of the Customs Act, 1962, governing the clearance of export goods. It emphasized that if the goods are not prohibited and all duties and charges have been paid, the proper officer should permit clearance and loading for exportation.

The court ordered respondent No.3 to decide promptly, within 7 days, whether to allow the export of the petitioners' goods covered by the shipping bills, potentially after a personal hearing. The decision taken was to be communicated to the petitioners, and respondent No.2 was directed to file an affidavit justifying the withholding of export consignments without a seizure order. The matter was adjourned to a later date for further proceedings, with the order to be digitally signed for action by concerned parties upon receipt.

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