Kerala High Court
R. Krishnaprasad vs The Commissioner Of Customs on 5 July, 2024
Author: Kauser Edappagath
Bench: A.K.Jayasankaran Nambiar, Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Friday, the 5th day of July 2024 / 14th Ashadha, 1946
IA.NO.3/2024 IN WA NO. 316 OF 2024
(ARISING FROM JUDGMENT DATED 26.02.2024 IN WP(C) 5844/2024 OF THIS COURT)
APPLICANTS/RESPONDENTS IN WA:
1. THE COMMISSIONER OF CUSTOMS DEPARTMENT OF REVENUE, MINISTRY OF
FINANCE, CUSTOM HOUSE, INDIRA GANDHI ROAD, WILLINGDON ISLAND,
COCHIN, PIN - 682009
2. THE ASSISTANT COMMISSIONER OF CUSTOMS (APPG.) DEPARTMENT OF REVENUE,
MINISTRY OF FINANCE, CUSTOM HOUSE, INDIRA GANDHI ROAD, WILLINGDON
ISLAND, COCHIN, PIN - 682009
RESPONDENTS/APPELLANT IN WA:
R. KRISHNAPRASAD,AGED 65 YEARS, PROPRIETOR OF KARTHIKA TRADERS,
5/517, VILAKKANAMKODE HOUSE, PATTENCHERRY, PALAKKAD, KERALA, PIN -
678532.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to modify direction
No. 4 in the judgment dated 04.03.2024 in WA No. 316/2024 and to permit
the applicants herein to assess the bills of entry based on the test
report obtained by the respondent herein on the samples drawn jointly by
the respondent and the applicants herein pursuant to direction No. 2
contained in the judgment dated 04.03.2024 in WA No. 316/2024, in the
interest of justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of SRI.P.G.JAYASHANKAR, Advocate for petitioners, M/S.ASWIN GOPAKUMAR,
ADITYA VENUGOPALAN, ANWIN GOPAKUMAR, MAHESH CHANDRAN, NIKITHA SUSAN
PAULSON, SARANYA BABU & SHALLET K. SAM, Advocates for Respondent, the
court passed the following:
DR. A.K.JAYASANKARAN NAMBIAR, J.
&
DR. KAUSER EDAPPAGATH, J.
-------------------------------
I.A.NO.3 OF 2024
IN
W.A.NO.316 OF 2024
-----------------------------------
Dated this the 5th day of July, 2024
ORDER
Dr. A.K. Jayasankaran Nambiar, J.
While considering the present petition seeking extension of time to comply with the directions in the judgment dated 04.07.2024 in W.A.No.316 of 2024, it has come to the knowledge of this Court that a specific direction that was issued to the Central Fertilizer Quality Control Unit, Faridabad, for analysis of a sample of imported urea for its Biuret content to see whether or not it confirms to the specification for technical grade Urea as per IS 1718:1975:1975, RA 2021, has not been complied despite the best efforts of the Customs authorities, Kochi. The learned counsel for the Customs authorities, Kochi, informs us that while the Customs authorities at Kochi had sent the samples, duly sealed, to the Central Fertilizer Quality Control Unit, Faridabad, the samples have been returned twice by the said Unit at Faridabad on the specious contention that unless the said Unit receives the samples sent directly by the High Court of Kerala, it will not be analysed in that Office.
I.A.NO.3/24
IN :: 2 ::
W.A.NO.316/24
2. We must express our surprise at the response given by the Central Fertilizer Quality Control Unit, Faridabad, and with a view to getting some clarity as to why such an unreasonable response was furnished, we direct the Director, Central Fertilizer Quality Control Unit, Faridabad, to appear before us through Video Conference on 12.07.2024, through the link that will be provided by the learned counsel for the Customs authorities, Kochi.
Post on 12.07.2024.
Sd/-
DR. A.K.JAYASANKARAN NAMBIAR JUDGE Sd/-
DR. KAUSER EDAPPAGATH JUDGE prp/5/7/24