Kerala High Court
Abdulla Jasim M.P vs Union Of India on 8 December, 2020
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
TUESDAY, THE 08TH DAY OF DECEMBER 2020 / 17TH AGRAHAYANA, 1942
WP(C).No.23666 OF 2020(G)
PETITIONER:
ABDULLA JASIM M.P.
AGED 32 YEARS
PROPRIETOR, M.R.J. TRADING, 215-B, THRIKKAVU, 29,
PONNANI, MALAPPURAM-679577.
BY ADVS.
SRI.K.P.SUDHEER
SRI.T.RAJASEKHARAN NAIR
SMT.ANJALI MENON
SRI.P.K.SURESH KUMAR (SR.)
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE, NEW
DELHI-110001.
2 SUPERINTENDENT OF CUSTOMS,
SPECIAL INTELLIGENCE AND INVESTIGATION BRANCH, ROOM
NO.34, CUSTOM HOUSE, WILLINGTON ISLAND, KOCHI-682009.
3 COMMISSIONER OF CUSTOMS,
CUSTOM HOUSE, WILLINGTON ISLAND, KOCHI-682009.
R2-3 BY SMT.SHEELA DEVI.I., SC, CENTRAL BOARD OF EXCISE
AND CUSTOMS
BY ADV.SRI.SREELAL WARRIER, SC
BY ADV.SRI.JAISHANKAR V.NAIR, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.23666 OF 2020(G) 2
JUDGMENT
Taking note of the re-export order stated to have been passed by the respondents, the Writ Petition is closed without prejudice to the right of the petitioner to impugn the conditions of the re-export order in appropriate proceedings, if so advised.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE mns/08.12.2020 WP(C).No.23666 OF 2020(G) 3 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF CERTIFICATE OF IMPORTER-EXPORTER CODE (IEC) OF THE PETITIONER DATED 20.2.2014.
EXHIBIT P2 TRUE COPY OF BILL OF ENTRY FOR WAREHOUSE NO.8037398 DATED 30.6.2020.
EXHIBIT P3 TRUE COPY OF AMENDED NOTIFICATION NO.53/2015- 2020 DATED 21.3.2018 ISSUED UNDER SECTION 3 OF FT (D&R) ACT, 1992 AND THE FOREIGN TRADE POLICY, 2015-2020.
EXHIBIT P4 TRUE COPY OF EXAMINATION ORDER DATED 20.7.2020 ISSUED TO THE PETITIONER.
EXHIBIT P5 TRUE COPY OF WARRANT NO.36/2020-21 FOR AUTHORISATION TO SEARCH ISSUED BY ASSISTANT COMMISSIONER.
EXHIBIT P6 TRUE COPY OF SUMMONS DATED 4.9.2020 ISSUED UNDER SECTION 108 OF THE CUSTOMS ACT BY THE 2ND RESPONDENT TO THE PETITIONER.
EXHIBIT P7 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A TO JUDGE