Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
Customs-controlled container movement now extends to DP World facilities, subject to segregation, inspections, reconciliation, and EXIM cargo priority...
Stay of demand - The High Court acknowledged that the grant of stay is within discretionary jurisdiction, and it does not sit in appeal over such discretion. The Court noted that the appellate authority did not examine whether the petitioner established a prima facie case. The petitioner's assertion regarding limited resources and potential inability to provide services, though not conclusive evidence, warranted consideration. The order was set aside, and the stay application was remanded for reconsideration by the appellate authority, emphasizing the application of classical principles.
Stay of demand - The High Court acknowledged that the grant of stay is within discretionary jurisdiction, and it does not sit in appeal over such discretion. The Court noted that the appellate authority did not examine whether the petitioner established a prima facie case. The petitioner's assertion regarding limited resources and potential inability to provide services, though not conclusive evidence, warranted consideration. The order was set aside, and the stay application was remanded for reconsideration by the appellate authority, emphasizing the application of classical principles.
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