Calcutta High Court
Pawan Kumar Changgothia vs Union Of India & Ors on 14 January, 2009
Author: Soumitra Pal
Bench: Soumitra Pal
WP No. 1435 of 2008
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
PAWAN KUMAR CHANGGOTHIA Plaintiff/Petitioner/Applicant
Versus
UNION OF INDIA & ORS Defendant/Respondent
For Plaintiff/Petitioner : Mr.Ramesh Chowdhury, Advocate. For Defendant/Respondent : Mr.A.S.Roy, Advocate. BEFORE:
The Hon'ble JUSTICE SOUMITRA PAL Date : 14th January, 2009.
The Court : In this writ petition the petitioner, stated to be engaged in the business of dealing in fabrics and stated to have been allotted an Import and Export Code Number by the competent authority, has prayed for a direction upon the customs authorities to release the goods in question and export the goods which are under 5(five) shipping bills dated 3rd April, 2005 and 4(Four) shipping bills dated 4th April, 2005 as mentioned in prayer (a) of the writ petition. The matter was taken up on 10th November, 2008. Since it was submitted on behalf of the respondents that in spite of summons the petitioner was not appearing, considering such circumstances the petitioner was 2 directed to appear before the appropriate authority with PAN Card, Voter ID Card and other documents as was sought for within a week from that date. It was indicated in the order dated 10th November, 2008 that the pendency of the writ petition would not prevent the customs authorities to pass necessary order for release of the goods in question in accordance with law. Thereafter, the matter was taken up on 2nd December, 2008 when it was submitted by the learned advocate for the petitioner that his client had appeared before the authorities with the documents as mentioned in the order dated 10th November, 2008 and the authorities, in stead of considering the prayer had handed over a show cause notice dated 11th November, 2008. On behalf of the department it was submitted that the petitioner had appeared on 19th November, 2008 and the show cause notice was issued on 11th November, 2008. In reply prayer was made on behalf of the petitioner to grant further opportunity to comply with the directions contained in the order dated 10th November, 2008. Pursuant to such submission, order was passed directing the petitioner to appear before the Assistant Commissioner of Customs, Special Investigation Branch, respondent no.3 on 11th or 12th December, 2008 between 11 A.M. and 2.30 P.M. It was submitted by the learned advocate appearing on behalf of the petitioner that pursuant to the directions contained in the order dated 2nd December, 2008 his client appeared before the authority on 12th December, 2008 and have handed over the documents 3 which were in his possession. However, till date the goods have not been released. According to the department, the goods could not be released as the documents required for adjudication were not produced and reply to the show cause notice is not forthcoming.
Having heard the learned advocates for the parties, since I find that a show cause notice dated 11th November, 2008 has been issued, considering the facts and circumstances of the case, the writ petition is disposed of by granting liberty to the petitioner to file a reply to the show cause notice within a fortnight from this date. After reply is furnished, the customs authorities shall adjudicate the same after giving the petitioner opportunity of hearing and shall pass reasoned order within four weeks. After the order is passed, the petitioner is at liberty to apply before the appropriate forum.
So far as the submission of non-release of the goods is concerned, as prayed for, the petitioner is at liberty to take appropriate steps, if so advised.
Let copies of the documents and the show cause notice dated 11th November, 2008 furnished by the learned advocate appearing on behalf of the respondents filed in court today be kept with the records.4
Since the respondents were not called upon to file affidavits controverting the allegations in the writ petition, the allegations are deemed not to have been admitted by them.
No order as to costs.
All parties concerned are to act on a signed copy of the minutes of the operative portion of this order on the usual undertakings.
(SOUMITRA PAL, J.) ssaha Asstt.Registrar(CR)