Court Modifies Release Order for Export with Bond & Guarantee, Parties to Cooperate

The Court modified the provisional release order, allowing export upon submission of a bond and a bank guarantee. The petitioner was directed to cooperate in investigations, with undertakings accepted by the Court. The impugned order was modified, and the writ petition was disposed of with no costs imposed. Parties were directed to act on the judgment, keeping all contentions open for future proceedings.

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Issues:
1. Validity of the provisional release order dated 4th January, 2022
2. Jurisdiction of the respondents to deal with the IEC of the petitioner
3. Placement of the petitioner on the put alert list
4. Conditions imposed in the provisional release order
5. Detention charges and issuance of detention certificate

Analysis:
1. The petitioner sought a writ of certiorari to quash the provisional release order dated 4th January, 2022, issued by the respondent. The order permitted the provisional release of goods seized under a seizure memo dated 17th December, 2021, against a bond and a bank guarantee. The petitioner challenged the conditions imposed in the order.

2. The petitioner argued that being placed on the put alert list by the respondents caused hardship in current and future exports. The respondents justified the alert list by stating it was for careful examination of goods and sample testing. The Court directed the completion of investigations within four months.

3. The respondents alleged mis-description of goods in past exports by the petitioner. The Court directed the completion of investigations within four months, with the petitioner's cooperation. The petitioner agreed to cooperate, and undertakings were accepted by the Court.

4. The conditions in the provisional release order were contested by the petitioner, citing judgments from the Gujarat High Court and a previous judgment of the Bombay High Court. The Court modified the order, allowing export upon submission of a bond and a bank guarantee.

5. The petitioner was given liberty to represent for waiver of detention charges and issuance of a detention certificate. Any such application was to be decided within two weeks of submission. The Court directed the petitioner to comply with conditions for release of goods subject to ongoing investigations.

6. The Court modified the impugned order of provisional release and disposed of the writ petition accordingly, with no costs imposed. The parties were directed to act on an authenticated copy of the judgment, keeping all contentions open for future proceedings.

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