2009 (4) TMI 297

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....ion challenges detention of goods, shipped by the petitioner to India from Hong Kong, by the Directorate of Revenue Intelligence, respondent No. 5 herein as per communication dated 2-1-2009. 2. Upon issuance of notice respondent Nos. 4 and 5 have tendered affidavit-in-reply dated 28-1-2009. The petitioner has filed affidavit-in-rejoinder dated 9-2-2009. As the pleadings are complete and the con....

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....at before the relevant documents, including documents to the title, could be dispatched, the petitioner learnt that the said buyers had refused to accept the consignments in absence of any confirmed order having been placed by the buyers. The alleged buyers in India rejected the delivery of goods on 12-12-2008. Therefore, on 13-12-2008 the petitioner wrote to the competent authority for permission....

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....e petitioner to re-ship/re-export the said goods. 4. On behalf of the respondent authorities it was contended that prima facie there was an apprehension that the transaction, like the present one, would result in siphoning off huge foreign exchange from India by overvaluing goods and hence, necessary investigation in this regard was in progress. Various other contentions have been raised in the....

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....aforesaid set of facts and circumstances of the case it is apparent that the goods which reached India in November, 2008 are being detained without any valid authority in law. Admittedly, the petitioner has not filed Bills of Entry. In these circumstances, without expressing any opinion on merits of the issue, it would serve the ends of justice if the goods in question are directed to be released ....