Interim stay prevents immediate release of imported goods, but pending appeals were ordered to be decided expeditiously.

Importers seeking release of kraft cutting waste paper under an exemption notification were denied immediate writ relief because the Department had already appealed and obtained an interim stay of the order supporting release. The subsisting stay meant the petitioners were not entitled to insist on immediate clearance through writ jurisdiction. Recognising the urgency, the Court directed expedited disposal of the pending appeals within two months. The operative effect was that immediate release was refused, while the appellate proceedings were required to be decided promptly.

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Issues: Whether the petitioners were entitled to a direction for release of the imported goods notwithstanding the interim stay granted by the appellate tribunal, and whether a direction could be issued for expeditious disposal of the pending appeals.

Analysis: The importers sought release of kraft cutting waste paper after an order of clearance under the relevant exemption notification and contended that the goods should be released without delay. The Court noted that the Department had already preferred appeals before the tribunal against the appellate order and had obtained an interim stay of its operation. In view of the subsisting stay, the petitioners were held not entitled to immediate release of the goods through writ relief. Considering the urgency, the Court also accepted that the pending appeals required prompt disposal.

Conclusion: The request for immediate release of the goods was declined, but a direction was issued for disposal of the appeals within two months.

Final Conclusion: The writ petitions were disposed of by refusing the immediate release sought, while securing expedited consideration of the departmental appeals.

Ratio Decidendi: Where the operation of the order supporting release of goods is stayed by the appellate forum, writ relief for immediate release will not be granted, though the Court may direct expedited disposal of the pending appeals in the interests of justice.

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