Calcutta High Court
Champalal Omprakash & Anr vs The Commissioner Of Customs (Port) & Ors on 13 May, 2015
Author: Arijit Banerjee
Bench: Arijit Banerjee
WP No.489 of 2015
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
CHAMPALAL OMPRAKASH & ANR.
Versus
THE COMMISSIONER OF CUSTOMS (PORT) & ORS.
BEFORE:
The Hon'ble JUSTICE ARIJIT BANERJEE
Date : 13th May, 2015.
Appearance:
Mr. Bikash Ranjan Bhattacharya, Sr. Advocate Mr. Mainak Bose, Advocate Mr. R.Mitra, Advocate Mr. R.Bharadwaj, Advocate Mr. T.M.Siddique, Advocate The Court: The writ petitioner has imported goods from the United Arab Emirates. In the bills of entry the goods have been described as Silicon Electrical Steel Scrap. The present writ petition has been filed since according to the authority the goods imported are steel scraps of inferior quality, import of which is prohibited under the Custom's law.2
Mr. Bhattacharya, learned Senior Advocate appearing on behalf of the writ petitioner, has pointed out a report of a Chartered Engineer appointed by the Customs Authority. The said Chartered Engineer has in no uncertain terms certified in his report that the goods in question are in the nature of scrap and unsuitable for reuse. The goods can be treated only as scrap and nothing else. Mr. Bhattacharya submits that in view of such report of the Chartered Engineer who is an agent of the Customs Authority, the Authority cannot take a different stand.
Learned Counsel appearing for the department submits that the proper Officer will have to make the assessment of the goods before the goods can be released. I fully appreciate that but I think that the process should be expedited.
Accordingly, the proper Officer will complete the process of assessment of the goods in question in accordance with law and will pass a reasoned order after giving opportunity of hearing to the petitioner within fifteen days from the date of communication of this order. Upon the petitioner paying the value assessed by the proper Officer, the goods in question will be released forthwith. Needless to say, if the petitioner is aggrieved by the assessment value, it will be 3 open for the petitioner to take appropriate steps in that regard in accordance with law.
No useful purpose will be served by keeping the writ petition pending.
Since no affidavit has been called for, the allegations made in the writ petition are deemed not to be admitted.
All points are left open.
This writ application is accordingly disposed of. Certified photocopy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(ARIJIT BANERJEE, J.) G/