Bombay High Court
M/S. J.D. Diamonds vs Union Of India And Ors on 24 February, 2021
Author: Milind N. Jadhav
Bench: Ujjal Bhuyan, Milind N. Jadhav
Priya Soparkar 1 35 wpst 99658-20-c
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST.) NO.99658 OF 2020
M/s J.D.Diamonds ... Petitioner
V/s.
Union of India and ors. ... Respondents
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Mr.Brijesh Pathak, Advocate for the Petitioner.
Mr.Pradeep S. Jetly, Senior Advocate alongwith Mr.J.B.Mishra,
Advocates for the Respondents.
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CORAM : UJJAL BHUYAN &
MILIND N. JADHAV, JJ.
DATE : FEBRUARY 24, 2021.
P.C.:-
Heard Mr.Pathak, learned counsel for the petitioner; and Mr.Jetly, learned senior counsel alongwith Mr.J.B.Mishra, learned counsel for the respondents.
2. This writ petition has been filed under Article 226 of the Constitution of India for quashing of seizure memo dated 31 st October, 2020.
3. Petitioner is an exporter of cut and polished diamonds having Import Export Code granted by the competent authority. Upon receipt of purchase order from a Hongkong based purchaser, petitioner vide shipping bill dated 22 nd October, 2020 sought export of the consignment of cut and polished diamonds. However, despite assessment of the exportable diamonds the export consignment was withheld, ultimately leading to seizure on 31 st October, 2020.
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4. Aggrieved, the present writ petition has been filed.
5. In this case we had issued notice on 21st January, 2021.
6. Mr.Mishra, learned counsel submits that reply affidavit on behalf of the respondents is ready and is being filed in the registry today.
7. Mr.Pathak, learned counsel for the petitioner prays for an interim order directing the respondents to provisionally release the export consignment of the petitioner in exercise of powers under section 110A of the Customs Act, 1962 (briefly "the Customs Act" hereinafter). He further submits that seizure in the case of the petitioner has been made on the same ground as in the case of Shine Star Export and other exporters. In this connection, he submits that this court in a batch of writ petitions being Writ Petition (L) No.6821 of 2020 (Shine Star Exports Vs. Union of India) and other connected cases had passed an interim order on 10 th February, 2021, modifying the conditions imposed by the Principal Commissioner of Customs while granting provisional release on 2nd February, 2021. He therefore prays for a similar order in this case.
8. Mr.Jetly, learned senior counsel submits that the adjudicating authority will look into all aspects of the matter and thereafter, may pass an appropriate order in accordance with law.
9. That being the position and without expressing any opinion on merit, we direct that the adjudicating authority as may be appointed by respondent No.2 shall pass an appropriate order regarding the prayer of the petitioner for provisional release of the export consignment under section 110A of the Customs Act by ::: Uploaded on - 24/02/2021 ::: Downloaded on - 25/02/2021 00:29:21 ::: Priya Soparkar 3 35 wpst 99658-20-c taking into consideration all the relevant materials including our order dated 10th February, 2021 as alluded to hereinabove.
10. Let such order be passed within a period of 10 days from the date of receipt of a copy of this order.
11. List this matter on 12th March, 2021.
(MILIND N. JADHAV, J.) (UJJAL BHUYAN, J.)
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