2022 (12) TMI 1302

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....IYANK LODHA FOR THE RESPONDENT ORDER PER : HONOURABLE MS. JUSTICE SONIA GOKANI 1. The petitioner by present petition under Article 226 of the Constitution of India challenges the action of the respondent to illegally detained the consignment of the petitioner of dry dates imported vide Home Consumption Bill of Entry No.1009007 dated 20.06.2022 as well as DTA Bill of Entry No.2007171 dated 23.06....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....as the same pertains to the Petitioner; (A3) direct the Respondents and/or its concerned officers to pay/refund detention/demmurage/shipping charges paid by the Petitioner In the Alternative Direct the Respondent No.1 authority to waive the detention/demurrage/shipping charges payable by the Petitioner. (B) During the pendency and final disposal of this petition, (i) stay the implementati....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... (D) Award cost of this petition. (E) Pass such other and further orders as may be deemed just and expedient, in facts of the present case, in favour of the Petitioners." 2. We have heard the learned senior advocate, Mr.Anshin Desai assisted by the learned advocate, Mr.Nandish Thackar, who has drawn our attention to the fact that till date no reason is given as to why this detention has come.....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....stan as imports from other countries and several cases have been booked by Customs/DRI formations. This office has already booked a case of evasion of Customs duty to the tune of Rs 137 crores by M/s Aditya Exports where Shri Pankaj Thakkar, partner of petitioner firm was allegedly involved. Accordingly based on suspicion, the subject consignments was also covered in the investigation and were det....