Calcutta High Court (Appellete Side)
WP/21380W/2018 on 1 October, 2019
Author: Ravi Krishan Kapur
Bench: Ravi Krishan Kapur
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01.10.2019
jb.
W.P. 21380(W) of 2018
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CAN 9891 of 2019
Mr. Arindam Banerjee
Mr. Indranil Banerjee
.... For the Petitioners
Mr. Vipul Kundalia
Mr. Subhankar Chakraborty
.... For the DGFT
This is an application seeking issuance of a detention
certificate by the respondent No. 4.
It is submitted on behalf of the petitioners that the goods have been detained and he seeks a detention certificate in respect of the goods from the respondent No. 4.
Counsel on behalf of the respondent Nos. 1, 2 and 3 submits that prayer for detention certificate at this stage is misconceived and thoroughly mala fide. He submits that there is no question of issuing a detention certificate at this stage of the proceeding.
Counsel on behalf of the Customs adopts the submissions made on behalf of the respondent nos.1, 2 and 3. 2 I am of the view that the writ petition has been filed as far back as in 2018 and affidavits have not been completed till date.
Let the affidavit in opposition be filed within three weeks from the date of reopening of the Court. Reply if any, be filed within two weeks thereafter.
List the matter on 9th December, 2019 under the heading 'Hearing'.
In the meantime, there is no question of allowing the prayers as prayed for by the petitioners since I am of the view that any order directing issuance of detention certificate at this stage would be virtually allowing the writ petition and ought not to be granted. The prayer for issuance of a detention certificate is misconceived.
With the aforesaid direction, the application being CAN 9891 of 2019 is disposed off.
There shall be no order as to costs.
(Ravi Krishan Kapur, J.) 3