Custom Officials are to exercise their powers under the Customs Act in the interest of revenue only, says Bombay HC

Last updated: 17 March 2021

Court :
Bombay High Court

Brief :
Heard Mr.Ashwin Gopakumar, learned counsel for the petitioner; Mr.Anil C. Singh, learned Additional Solicitor General for respondent Nos.1,2,3 and 6 to 11; and Mr.Prathamesh Kamat, learned counsel for respondent No.4.

Citation :
WRIT PETITION NO.3676 OF 2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.3676 OF 2020

Supreme Industries Limited … Petitioner

V/s.

Central Board of Indirect
Taxes and Customs and ors. … Respondents
---
Mr.Ashwin Gopakumar i/by Mr.Ankit Kulkarni, Advocates for the
Petitioner.
Mr.Anil C. Singh, Additional Solicitor General alongwith Mr.Pradeep
S. Jetly, Senior Advocate and Mr.Jitendra B. Mishra, Advocates for
Respondent Nos.1,2,3 and 6 to 11.
Mr.Prathamesh Kamat, Advocate for Respondent No.4.

CORAM : UJJAL BHUYAN &
MILIND N. JADHAV, JJ.
Reserved on : JANUARY 15, 2021.
Pronounced on:MARCH 08, 2021.

JUDGEMENT AND ORDER : (

Per Ujjal Bhuyan, J.)

Heard Mr.Ashwin Gopakumar, learned counsel for the petitioner; Mr.Anil C. Singh, learned Additional Solicitor General for respondent Nos.1,2,3 and 6 to 11; and Mr.Prathamesh Kamat, learned counsel for respondent No.4.

2. This petition has been filed under Article 226 of the Constitution of India seeking the following reliefs :-

a. For a direction to the respondents to strictly implement and enforce the detention cum demurragewaiver certificate dated 16th November, 2020annexed to the writ petition as Ex.Q.

b. For a direction to the respondents to allow,facilitate, oversee and ensure clearance of theimported goods of the petitioner for homeconsumption by taking appropriate action against

c. For a direction to respondent No.1 to conduct an inquiry into the various acts of omissions and commissions by respondent Nos.6 to 11.

d. For a direction to respondent Nos.2 to 11 tocompensate the loss sustained by the petitioner for their unlawful action;

e. Awarding of cost to the petitioner.

To know more in details find the attachment file