Calcutta High Court
Amar Kumar Jhajharia vs Principal Commissioner Of on 6 April, 2022
Author: T.S. Sivagnanam
Bench: T.S. Sivagnanam, Hiranmay Bhattacharyya
OD-33
APOT/59/2022
IA No. GA/1/2022
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
AMAR KUMAR JHAJHARIA
-Versus-
PRINCIPAL COMMISSIONER OF
CUSTOMS (PORT) AND ORS.
Appearance:
Mr. Sudhir Mehta, Adv.
...for the appellant.
Mr. K. K. Maiti, Adv.
Mr. Tapan Bhanja, Adv.
...for the respondent.
BEFORE:
The Hon'ble JUSTICE T.S. SIVAGNANAM
-And-
The Hon'ble JUSTICE HIRANMAY BHATTACHARYYA Date : 6th April, 2022.
The Court : We have heard Mr. Sudhir Mehta, learned counsel for the appellant and Mr. K. K. Maiti, learned standing Counsel appearing assisted by Mr. Tapan Bhanja, learned Advocate for the respondent.
The grievance of the appellant is in respect of the issuance of the release order by the department. They have not issued the detention certificate for waiver of rent and demurrage charges. The appeal filed by the department before the tribunal was dismissed on 26th August, 2021. Till date no appeal has been preferred by the department before the Hon'ble 2 Supreme Court. This is established from the fact that the department has issued the release order. It is not clear as to why the department is not issuing the detention certificate in spite of having been issued the release order.
The learned Advocate appearing for the appellant has placed before us, copies of the detention certificate issued by DRI in several other cases and would submit that there should not be any discrimination. Mr. Maiti, learned advocate appearing for the respondent/department requests for time to get instruction in the matter. Let the proper officer give written instruction to the learned senior standing counsel for the revenue.
List the matter on 13th April, 2022.
(T.S. SIVAGNANAM, J.) (HIRANMAY BHATTACHARYYA, J.) S.Das/As.