Delhi High Court - Orders
Amit Kumar Gupta vs Principal Commissioner Of Customs ... on 28 January, 2021
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 236/2021
AMIT KUMAR GUPTA ..... Petitioner
Through Mr. Priyadarshi Manish, Advocate
versus
PRINCIPAL COMMISSIONER OF CUSTOMS (IMPORT)
..... Respondent
Through Mr. Satish Aggarwala, Senior SPP
with Mr. Gagan Vashwani, Advocate
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 28.01.2021 HEARD THROUGH VIDEO CONFERENCING CRL.M.A.1245/2021(exemption) Allowed, subject to all just exceptions. CRL.M.C.236/2021 & Crl.M.A.1244/2021(direction)
1. This petition under Section 482 Cr.P.C. is directed against the order dated 16.12.2020 passed by the learned Chief Metropolitan Magistrate, Patiala House Courts, New Delhi. By the order impugned, the learned CMM has directed that the goods seized by the customs be disposed of as the same are perishable goods.
2. Mr. Priyadarshi Manish, learned counsel appearing for the petitioner states that the learned CMM did not appreciate the fact that the court of the Crl.M.C.236/2021 Page 1 of 2 CMM had no jurisdiction to entertain an application under Section 451 Cr.P.C. seeking disposal in respect of the goods imported under the provisions of the Customs Act and it should not have ordered for disposal of the goods.
3. Issue notice.
4. Mr. Satish Aggarawala, learned Senior SPP appearing for the respondent accepts notice and seeks time to file a reply.
5. Reply be filed by Saturday.
6. List on 01.02.2021 in the category of Supplementary Matters at the end of Board Matters.
SUBRAMONIUM PRASAD, J.
JANUARY 28, 2021 pst Crl.M.C.236/2021 Page 2 of 2