Calcutta High Court (Appellete Side)
M/S. Neelkanth Mahadev International & ... vs Principal Commissioner Of Customs ... on 13 November, 2019
1
IN THE HIGH COURT AT CALCUTTA
13-11-2019 Civil Appellate Jurisdiction
Appellate Side
Subrata
.
M.A.T.No.1392 of 2019 M/s. Neelkanth Mahadev International & Anr.
-vs-
Principal Commissioner of Customs (Preventive) C.C. (P), West Bengal & Ors.
with CAN No.10569 of 2019 and CAN No.9735 of 2019 Mr. P.K. Das Mr. Indranil Mukherjee Mr. Roshan Sengupta ...for the appellants Mr. K.K. Maiti Ms. Aishwarya Gupta ...for Customs Mr. Tapan Bhanja ...for the Union of India We treat the application (CAN No.9735 of 2019) as on the day's list.
After hearing the submissions of learned counsel for the parties, we appreciate the submission made that the seized Rice Bran Oil is perishable in nature and is deteriorating in value.
In those circumstances, we direct the customs authorities to sell the oil, upon observing all formalities like getting the oil examined, tested etc. to ascertain its fitness for sale, as expeditiously as possible by 31st December 2019. The customs authorities will hold the sale proceeds for the time being. However, the two tankers carrying the 2 oil may be released after unloading it by the customs authorities.
We accordingly dispose of the stay application (CAN No.9735 of 2019) and the present application for disposal of the goods (CAN No.10569 of 2019).
List the appeal as for orders on 20th November 2019, immediately after the to-be-mentioned matters for consideration whether in view of this order the appeal should be disposed of by relegating the entire matter to the trial court.
[I.P. Mukerji, J] [Md. Nizamuddin, J]