Delhi HC Disposes of Petition Against ICD, Orders To Release Confiscated Goods If Petitioner Complies With Conditions Laid

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In the case of Great India Trading & other v. Principal Commissioner of Customs ICD Patparganj Delhi & Anr. it was directed by the Hon’ble Chief Justice, Mr Justice Prateek Jalan, that the petitioner shall comply with respondent authority in the investigation and follow three conditions laid on in the case, then the goods in question shall be released by the respondent authorities. The writ petition was disposed of after said observation.

Brief Facts

The case is about some goods imported by the petitioner. Initial Dispute arose regarding the assessable value, duty and country origin of goods, etc. In an earlier litigation by these petitioners regarding provisional assessment, an order was passed for provisional assessment to be done and the writ petition was disposed of. 

Arguments Before Court

It was argued from the side of the petitioners that the respondents are not complying with the aforesaid Orders-in-Appeal, whereas the respondents contend that the aforementioned conditions have not been complied with by the petitioners

Court’s Decision

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It was observed by the Delhi HC without getting into any controversy, that the writ petitions were disposed of with the direction that, the Petitioner shall cooperate with the respondent authorities in the investigation and if the three conditions are complied with by these petitioners, namely the bonds are given, the bank guarantees are given and the phytosanitary certificates are given to the concerned authorities, the goods in question shall be released by the respondent authorities within one week from the date of receipt of the same. With the aforesaid observations, the writ petition was disposed of.


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