2025 (9) TMI 1101

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....arance: For the Petitioner(s) No. 1: Yash S Shah (8935). For the Respondent(s) No. 1: Mr Ankit Shah (6371).   For the Respondent(d) No. 2 & 3: Mr Utkarsh Sharma. ORAL ORDER (PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA) 1. Heard learned advocate Mr. Vikram Gogra with learned advocate Mr. Aaditya Soni and learned advocate Mr. Yash S. Shah for the petitioner, learned advocate....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ollowing order on 08.08.2025: "1. Heard learned advocate Mr. Aditya Soni with learned advocate Mr. Yash Shah for the petitioner and learned advocate Mr. Khsitij Amin with learned advocate Mr. Deepak Khanchandani for the respondent No. 3. 2. This matter was listed for hearing on 07.08.2025. Learned advocates for the respondents appearing on advance copy prayed for time. 3....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... fresh Bill of Entry which was also filed by the petitioner on 04.07.2025 and since then, inspite of repeated reminders, the respondents are not releasing the goods either on assessment or provisionally. 5. It was submitted that such withholding of the goods is clearly in breach of Article 19(1)(g) of the Constitution of India and therefore, he also referred to and relied upon the order o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....81991" for the goods (roasted areca nuts whole) and reassessed the Bill of Entry accordingly. This order is passed during the pendency of this petition. Therefore, the petitioner now has an alternative remedy to challenge the order dated 24.08.2025 before the Commissioner of Customs (Appeals) under Section 128(1) of the Customs Act, 1962 read with Rule 3 of the Customs (Appeals) Rules, 1982 in For....