2023 (4) TMI 1036 - HC - Customs

Court declines interference in writ jurisdiction due to disputed facts; Petitioner granted opportunity to respond.

Osian Multitrade Exports LLP Versus Union of India and ors.

The Court declined to interfere in the writ jurisdiction due to disputed facts requiring adjudication. The Petitioner was granted the opportunity to ... Seeking release of seized imported goods - petitioner claims the goods to be imported from Afghanistan whereas respondents claims that the examination of the goods would show that the goods are marked as “Made in Pakistan” - HELD THAT:- Since various disputed facts would arise for adjudication, we are not inclined to interfere in writ jurisdiction. The Petitioner would have opportunity to reply to the show cause notice and put forth its case as sought to be urged before us - Learned counsel for the Petitioner states that at least some part of the goods be released and, for that purpose, the Petitioner is ready to deposit 7.5% of the value of the goods. We leave it open for the concerned authority to consider this request of the Petitioner as per law, which the Petitioner is free to make. As regards, the expeditious disposal of the proceedings pursuant to the show cause notice is concerned, we accede to the prayer of the Petitioner for early disposal - Petition disposed off. Issues involved:The petition challenges a Seizure Memo issued by Respondent No.2 regarding imported goods not in line with the Customs Act, 1962 entry.Judgment Summary:Issue 1: Challenge to Seizure MemoThe petition seeks to set aside the Seizure Memo dated 9 January 2023 and requests the unconditional release of the imported goods. The Petitioner claims the goods, cotton, were exported from Afghanistan following established routes, while Respondents assert the goods were imported from Pakistan. Certificates from the Consulate General of Afghanistan and the certificate of origin are relied upon by the Petitioner to support their claim.Issue 2: Examination of GoodsRespondents argue that the examination of the goods reveals markings indicating 'Made in Pakistan.' Photographs presented show bags prominently displaying this marking. A show cause notice was issued to the Petitioner on 10 April 2023, transitioning the matter from the Seizure Memo to the notice stage.Issue 3: Court's DecisionThe Court declines to interfere in writ jurisdiction due to the presence of disputed facts requiring adjudication. The Petitioner is granted the opportunity to respond to the show cause notice and present their case. The Petitioner requests the release of a portion of the goods upon depositing 7.5% of their value, which the authority is directed to consider as per law. The Court agrees to the Petitioner's plea for expeditious disposal of proceedings post the show cause notice. Subject to the Petitioner filing a reply within one week, a final order is to be passed within four weeks. The Writ Petition is disposed of accordingly.