IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 9140 of 2009(J)
1. MOUNT ZION COLLEGE OF ENGINEERING, (A
... Petitioner
Vs
1. THE ASSISTNT COMMISSIONER OC CUSTOMS
... Respondent
2. THE COMMISSIONER OF CUSTOMS, CUSTOM
For Petitioner :SRI.K.RAMAKUMAR (SR.)
For Respondent :SRI.JOHN VARGHESE,SC,CEN.BOARD OF EXCIS
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :24/03/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 9140 OF 2009 (J)
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Dated this the 24th day of March, 2009
J U D G M E N T
The prayer in this writ petition is to direct the 1st respondent
to provisionally assess and clear the two air crafts imported by
the petitioner, as provided under Section 18 of the Customs Act,
1962. According to the petitioner, these two aircrafts were
brought to India for the purpose of teaching the students at their
Mount Zion College of Engineering, but however, the same were
detained by the respondents without any justification.
2. On instructions, standing counsel appearing for the
respondents submit that the aircrafts in question were seized by
restraint order F No.S31/09/09 dated 6/3/2009 and that its release
can only be in terms of Section 110(A) of the Customs Act, 1962.
3. As at present, what the petitioner seeks is a provisional
release of the goods. While according to him, the aircrafts are
only detained and not seized, the respondents contend that the
aircrafts in question has been seized.
4. Since, as already stated, what the petitioner seeks is
release of the aircrafts pending adjudication, I direct the
WPC 9140/09
:2 :
respondents to consider the request of the petitioner for
provisional release of the aircrafts applying the relevant
provisions of the Customs Act, 1962. It is directed that orders in
this behalf shall be passed, as expeditiously as possible, at any
rate within 7 days from today.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp