Calcutta High Court
Chiranjib Sinha vs Union Of India & Ors on 1 October, 2008
Author: Soumitra Pal
Bench: Soumitra Pal
WP No. 1522 of 2008
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
CHIRANJIB SINHA Plaintiff/Petitioner/Applicant
Versus
UNION OF INDIA & ORS Defendant/Respondent
For Plaintiff/Petitioner : MR.RAMESH CHOWDHURY, ADVOCATE. For Defendant/Respondent : MRS. SMITA DAS DE, ADVOCATE. BEFORE:
The Hon'ble JUSTICE SOUMITRA PAL Date : 1st October, 2008.
The Court : The petitioner engaged in the business of dealing in Pottasium Humate, Agriculture Grade
(Organic Fertiliser) and having an Import and Export Code Number, has prayed for a direction upon the respondents to release the goods imported under Bill of Entry No.415276 dated 17th June, 2008 either provisionally or finally since two months have passed from the date of importation. Submission has been made that though the petitioner has made true and correct declaration of the goods, yet the respondents have not provisionally assessed the goods under Section 18 of the Customs Act.2
Learned advocate appearing on behalf of the respondents submits that the goods are subject to the test report as well as subject to the correct declaration by the respondents.
Having heard the learned advocates for the parties, since it appears from the submission of the learned advocate for the petitioner that the chemical test has been conducted, considering the facts and circumstances of the case, and perusing the materials on records the writ petition is disposed of by directing the Commissioner of Customs (Port), Calcutta, respondent no.2 to clear the goods in question provisionally as postulated under Section 18(1) subject to the petitioner furnishing security to the satisfaction of the Commissioner of Customs (Port), Calcutta, respondent no.2. This exercise shall be carried out within a fortnight from the date of communication of this order.
Since the respondents were not called upon to file affidavits controverting the allegations made in the petition, the allegations are deemed not to have been admitted by them.
All parties concerned are to act on a xerox signed copy of this order on the usual undertakings.
(SOUMITRA PAL, J.) ssaha RO(ct)