Calcutta High Court (Appellete Side)
M/S. Neelkanth Mahadev International & ... vs Principal Commissioner Of Customs ... on 25 September, 2019
1
IN THE HIGH COURT AT CALCUTTA
25-09-2019 Civil Appellate Jurisdiction
Appellate Side
Subrata
.
M.A.T.No.1392 of 2019 M/s. Neelkanth Mahadev International & Anr.
-vs-
Principal Commissioner of Customs (Preventive) C.C. (P), West Bengal & Ors.
Mr. Indranil Mukherjee Mr. Roshan Sengupta ...for the appellants Mr. K.K. Maiti Ms. Aishwarya Gupta ...for Customs Mr. Tapan Bhanja ...for the Union of India This appeal from an order dated 4th September 2019 passed by a learned single judge in WP No.12597(W) of 2019 - M/s. Neelkanth Mahdev International & Anr. v. Principal Commissioner of Customs (Preventive) & Ors. - is formally admitted.
Learned counsel for the appellants challenges the order of provisional release of the goods made by the respondent authority on the grounds that the security demanded was most excessive. He wants unconditional release of the goods for failure on the part of the respondents to observe the conditions in section 110(2) of the Customs Act, 1962.
At this point of time, the court enquired of learned counsel if on his submission that the goods were perishable in nature, the court should direct them sale by the respondent authority and for retention of the money 2 realised by the said authority, pending the decision in this appeal. He seeks time to obtain instructions.
In those circumstances, we make the appeal and the connected stay application (CAN No.9735 of 2019) returnable in the monthly list of November 2019. Liberty to the appellants to take out an appropriate application, if so advised.
[I.P. Mukerji, J] [Md. Nizamuddin, J]