Customs adjudication order rendered writ challenge to release of consignments infructuous, leaving parties to statutory appeal.

An adjudication order under the Customs Act had already held that the importers contravened Section 17(1) and Sections 46(4) and 46(4A), and that they were liable to penalty. In that situation, the challenge to the earlier direction for release of the consignments no longer survived for consideration in the writ appeals. The HC therefore declined to interfere with the release order and dismissed the writ appeals, leaving the respondents to pursue the statutory appellate remedy against the adjudication order before the appropriate forum.

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Issues: Whether the writ appeals could succeed after an adjudication order had been passed on the import disputes and whether interference with the order directing release of the goods was called for.

Analysis: The adjudicating authority had passed an order holding that the importers had contravened the requirements under Section 17(1) and Sections 46(4) and 46(4A) of the Customs Act, 1962 and had become liable to penalty. In view of that adjudication, the challenge to the earlier direction for release of the consignments did not survive for consideration in the appeals, and the respondents were left to work out their remedy before the appropriate forum against the adjudication order.

Conclusion: The Court declined to interfere and dismissed the writ appeals, leaving the respondents to pursue the statutory appellate remedy.

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