Delhi High Court - Orders
Uprisen Digital Solutions Pvt. Ltd vs Chief Commissioner Of Customs, Delhi ... on 16 May, 2023
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1788/2023
UPRISEN DIGITAL SOLUTIONS PVT. LTD...... Petitioner
Through: Mr. Akhil Krishna Maggu, Mr.
Vikas Sareen, Ms. Maninder
Kaur & Ms. Oshin Maggu,
Advs.
Versus
CHIEF COMMISSIONER OF CUSTOMS, DELHI ZONE,
NEW CUSTOM HOUSE, NEW DELHI & ORS.... Respondents
Through: Ms. Samiksha Godiyal, Ms.
Apurva Singh, Ms. Diksha
Tiwari & Mr. Anchit Singla,
Advs.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
HON'BLE MR. JUSTICE AMIT MAHAJAN
ORDER
% 16.05.2023
1. The petitioner has filed the present petition, inter alia, praying that a direction be issued to the respondents to allow re-export of the goods imported vide inbound Bill of Entry No.3898210 dated 24.12.2022.
2. The petitioner is a company incorporated under the Companies Act, 1956 and is engaged in the business of imports and exports. The petitioner was granted an Importer-Exporter Code (IEC) by the Directorate General of Foreign Trade (DGFT). The petitioner states that in its normal course of business, it had purchased 71,750 kilograms of Areca Nuts from the United Arab Emirates. The said goods were shipped and while the same were in high seas, the petitioner entered into a High Seas Sale Agreement with M/s Ess Ess Worldwide Cargo And Logistics for the sale of the said goods. The This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/09/2023 at 10:07:39 importer of the said goods (M/s Ess Ess Worldwide Cargo And Logistics) filed an inbound Bill of Entry (Bill of Entry No.3898210 dated 24.12.2022) with an intention to re-export the said goods. The importer sought clearance under Chapter 2 2.46(1).(A) of the present Foreign Trade Policy - that is, for the purpose of re-exporting the same.
3. The goods in question were inspected and the petitioner claims that the same were found to be in conformity with the documents furnished by the importer.
4. The petitioner states that the importer (M/s Ess Ess Worldwide Cargo And Logistics) approached the respondents on numerous occasions for warehousing of the goods under Section 49 of the Customs Act, 1962 (hereafter 'the Act') and the same was finally allowed by the Deputy Commissioner of Customs (Import Shed), Inland Container Depot, Tughlakabad, New Delhi, by a letter dated 07.01.2023. Thereafter, the goods were released for re-warehousing.
5. The petitioner states that in the meantime, the proprietor of the importer (M/s Ess Ess Worldwide Cargo And Logistics), one Mr. Abu Syed Faiz Hussaini, was arrested in connection with some other matter, and sent to judicial custody on 13.01.2023..
6. The petitioner claims that in view of the financial constraints, the importer did not discharge its liability to pay the sale consideration for the goods to the petitioner.
7. The importer filed a shipping bill for re-export of the said goods on 20.01.2023, however, the said shipping bill was not processed as according to the respondents, the goods were required to be tested to This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/09/2023 at 10:07:39 ascertain whether the same were fit for human consumption. According to the importer, there is no such requirement. The importer also sent a letter dated 20.01.2023, addressed to the Deputy Commissioner of Customs, stating that it had also obtained the petitioner's No Objection Certificate for re-export of the said goods.
8. On 25.01.2023, the importer sent another letter to the Deputy Commissioner of Customs stating that it had relinquished its right in respect of the goods in favour of the petitioner, due to its inability to clear the financial dues / payments towards the said shipment.
9. Thereafter, the petitioner has been pursuing the respondents for re-export of the said goods.
10. The counter affidavit filed on behalf of the respondents states that the sample of the goods were sent for testing to the Food Safety & Standards Authority of India (FSSAI) and it was found that the same were infected with fungus; therefore, they were not fit for human consumption.
11. Ms Godiyal, learned counsel appearing for the respondents submits that the respondents have no objection for re-export of the goods provided that the petitioner complies with the provisions of Sections 59(5) and 69 of the Act. She further submits that since it is apparent that the goods are infected and not fit for human consumption, the same is required to be duly disclosed.
12. The learned counsel appearing for the petitioner states that the petitioner has no objection in complying with the provisions of Section 59(5) of the Act and for re-exporting the goods in terms of Section 69 of the Act.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/09/2023 at 10:07:40
13. In view of the above, we consider it apposite to dispose of the present petition by permitting the petitioner to take steps for re-export of the said goods, by clearly disclosing in the shipping bills the fact that the goods are not fit for human consumption. In the event, the petitioner files a correct shipping bill, the respondents are directed to process the same in accordance with law as expeditiously as possible and, in any event, within a period of two weeks from the date of filing of the shipping bill.
14. The petition is disposed of in the aforesaid terms.
VIBHU BAKHRU, J AMIT MAHAJAN, J MAY 16, 2023 'gsr' This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/09/2023 at 10:07:40