IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.24397/2018 (T – CUS) BETWEEN:
M/s PACE INDIA REP. BY ITS MANAING PARTNER, SHRI MOHAMMED ASIF, NO.24/1, 6TH CROSS, VINAYAKA NAGAR, OLD GUDDADAHALLI, MYSORE ROAD, BANGALORE-560026 ... PETITIONER [BY SRI RAGHAVENDRA B. HANJER, ADV.] AND:
1. UNION OF INDIA REP BY ITS SECRETARY MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK, RASHTRAPATHI BHAWAN, DEFENCE HEAD QUARTERS, NEW DELHI-110001 2. THE COMMISSIONER OF CUSTOMS CR BUILDINGS, PB NO.5400 QUEENS ROAD, BANGALORE-560001 3. THE ADDITIONAL COMMISSIONER OF CUSTOMS, INLAND CONTAINER DEPOT, WHITEFIELD, BANGALORE-560066 …RESPONDENTS [BY SMT.M.R.VANAJA, ADV. FOR R-1; SRI K.V.ARAVIND, ADV. FOR R-2 & R-3.] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PORTION OF THE ORDER-IN-ORIGINAL NO.30/2018 DATED 09.05.2018/11.05.2018 [ANNEXURE-A] PASSED BY THE R-3 IN HOLDING THAT THE IMPORTED GOODS ARE COVERED UNDER THE PURVIEW OF THE HAZARDOUS AND OTHER WASTES [MANAGEMENT AND TRANSBOUNDARY] RULES, 2016.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner is aggrieved by Clause – iv of the order impugned whereby the option given at Clause – iii to the importer to redeem the goods for re-export on payment of a redemption fine of Rs.7,00,000/- (Rupees Seven Lakhs only) should be availed by the importer, within 30 days from the receipt of the order, failing which, the goods shall be disposed safely, in terms of the Environment (Protection) Act, 1986 and Rules and Regulations thereof, at the importers costs.
2. Learned counsel for the petitioner submits that the appeal in C.No.20549/2019 is filed before the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) and the same is pending consideration. In view of the pendency of the appeal before the competent Tribunal, Clause – iv of the order impugned herein would prejudice the right of the petitioner and defeat the purpose of filing an appeal.
3. Having regard to the facts and circumstances of the case, this Court is of the considered view that the interest of justice would be sub-served in directing the CESTAT to dispose of the matter in an expedite manner extending the time to avail the option given to the importer to redeem goods for re-export on payment of a redemption fine of Rs.7,00,000/- (Rupees Seven Lakhs only) in terms of Section 125 of the Customs Act, 1962. Hence, the following ORDER The writ petition stands allowed-in-part.
The time provided to avail the option given to the petitioner – importer within 30 days from the date of receipt of the order as per Clause – iv of the order impugned is extended up to the disposal of the appeal in C.No.20549/2019 pending before the CESTAT. The CESTAT shall dispose of the appeal in an expedite manner preferably within a period of four weeks from the date of receipt of certified copy of this order.
Sd/- JUDGE PMR