2020 (12) TMI 712

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... THE PETITIONER ORDER ( PER : HONOURABLE MR. JUSTICE J. B. PARDIWALA ) 1 By this writ application under Article 226 of the Constitution of India, the writ applicant, a proprietary concern through its proprietor, has prayed for the following reliefs: "(i) Issuance of writ/order or direction in the nature of certiorari/mandamus seeking quashing of the order dated 16.10.2020 (Annexure D) whereby....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....eased to permit re export of goods upon furnishing of bond pending the decision f the appeal filed b the petitioner. (iv) Ex­parte relief in terms of para (iii) may kindly be granted (v) Issuance of writ/order or direction in the nature of certiorari/mandamus seeking directions to the respondent No.5 to decide the appeal of the petitioner in a time bound manner; (vi) Such other approp....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....0401 Kgs and valued at Rs. 36,01,792/­ covered under Bill of Entry No.6467365 dated 14.01.2020; in terms of Section 111(d) of the Customs Act, 1962. However, I give an option to importers to re­export the goods on payment of redemption fine of Rs. 5,00,000.00 (Rupees Five Lakh only) in terms of Section 125 of the Customs Act, 1962. ii) I also impose a penalty of Rs. 3,00,000.00 (Rupees ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he appeal has not been taken up for hearing despite repeated request for the same. 3 We are of the view that as statutory appeal has already been filed by the writ applicant against the final order of confiscation passed by the adjudicating authority, the request to re­export the goods also should be made before the appellate authority. 4 In such circumstances, we dispose of this writ applica....