Telangana High Court
M/S. Arka Business Solutions vs Commissioner Of Customs Importi on 21 December, 2023
Author: P.Sam Koshy
Bench: P.Sam Koshy, Nagesh Bheemapaka
THE HONOURABLE SRI JUSTICE P.SAM KOSHY
AND
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No.33800 OF 2023
ORDER:(per Hon'ble Sri Justice P.SAM KOSHY) The present Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India aggrieved by the Seizure Memorandum Notice, dated 10.08.2023, issued by respondent No.1.
2. Heard Sri S. Dwarakanath Reddy, learned Senior counsel appearing for the petitioner and Ms. B. Sapna Reddy, learned counsel representing Sri Dominic Fernandes, learned senior Standing Counsel appearing for respondent No.1.
3. The dispute arises out of the consignment of multi- functional devices imported by the petitioner from foreign country. It appears that Customs Officials in the course of the inspection found some discrepancies in respect of one unit of 7835, 7845 and 7845i. Except for the said three products, there does not seem to be any discrepancy with the products that the petitioner had imported. This fact 2 PSK,J & NBK,J W.P.No.33800 of 2023 was brought to the notice of the authorities concerned, specifically vide correspondence, dated 31.10.2023, and subsequently again on 02.11.2023 followed by further reminders which till date have not been acted upon by the respondents and the entire consignment seems to be remained under seizure of the respondent - authorities. Inspite of the fact that, except the aforementioned three (3) items, there does not seem to be any dispute or discrepancy in the import made.
4. Given the factual matrix of the case, we do not intend to admit the Writ Petition or keep it pending for counter of the respondents since the relief sought for is an innocuous one. Accordingly, we are inclined to dispose of the Writ Petition with a specific direction to respondent No.1 to forthwith take a decision on the representation which the petitioner has made on 31.10.2023 and 02.11.2023 followed by subsequent reminders that they have made, and let a decision be taken up in this regard within an outer limit of two (2) weeks from today. The respondent 3 PSK,J & NBK,J W.P.No.33800 of 2023 No.1 shall also consider release of consignment where there does not appear any dispute or discrepancy.
5. Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs.
6. Consequently, miscellaneous petitions pending, if any shall stand closed.
____________________ P.SAM KOSHY, J _____________________________ NAGESH BHEEMAPAKA, J December 21, 2023.
Note: Furnish C.C. today.
B/o. BMS