Metal and Alloys Industries vs Union of India

Bharucha, J.—Rule, returnable forthwith.

Advocates for respondents 1 to 4 and for Respondent No. 5 waive service.

Writ petition as against respondent No. 6 dismissed.

Heard.

The petitioners imported from Taiwan a bulk consignment of Hydrogen Peroxide which reached the Port of Bombay on 19th February 1991. The Bill of Entry for home consumption in respect of the consignment was filed on 19th February 1991. The Bill of Entry was assessed on 27th February 1991 but the goods were not permitted clearance. Coming to know that some objection had been raised as regards the valuation, the petitioners wrote a letter on 11th March 1991 to the 3rd respondent. It produced no result. The goods were not allowed to be cleared. Not even a show-cause notice was issued to the petitioners. The petitioners, therefore, filed this writ petition on 15th April 1991 asking that they should be permitted clearance upon the valuation stated in the Invoice.

Mr. Rege, learned counsel for Respondents 1 to 4, today made to us this statement : "The Respondents Nos. 1 to 4 state that clearance of the goods in question will be permitted on the basis of the invoice value of the goods". Mr. Rege has clarified that the statement is made on the basis of oral instructions received from an officer of these respondents named Mr. Damle. The substantive prayer in the petition must, therefore, be granted.

The petition also prays that, pending its final disposal, the 2nd respondent should be directed to issue a Detention Certificate for the entire period of the detention from the date of the importation till the date of clearance. We are disposing of this writ petition at the stage of admission itself. Having regard to the statement made by Mr. Rege it is clear that Respondents 1 to 4 had no good reason to detain the goods in petition and they must, therefore, be directed to issue a Detention Certificate as prayed.

Accordingly, the petition is made absolute. Respondents 1 to 4 are directed to release the goods in petition as per the Bill of Entry (Ex. D) at the rate of U.S. Dollars 430/- per metric ton as per the Invoice (Ex. B) and to assess the same at the rate of duty applicable thereto. Respondents 1 to 4 are also directed to issue to the petitioners a Detention Certificate for the entire period of the detention.

The 5th respondent is directed to treat such Detention Certificate on its merits.

Rule absolute accordingly.