IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 WP(C).No. 37913 of 2010(L) -------------------------------------- PETITIONERS: --------------------- 1. M/S.RADHAKRISHNA TRADING COMPANY, SAMDHAJI KASAR ROAD, MASKASATH ITWARI, NAGPUR, MAHARASHTRA-440 002, REP. BY ITS PROPRIETOR, VIJAY SAJNANI. 2. M/S.UJJWAL TRADERS, REP. BY ITS PROPRIETOR, RAJU NATHUJI DHUMAL, S/O.BABURAO JHAKRE, NEAR HANUMAN MANDIR, MEHANDI BAG ROAD, MASKASATH, NAGPUR (M.S.) 440 002. 3. SHREE TRADERS, 416-B, EYYAL ROAD, MARATHENCODE P.O., KUNNAMKULAM, THRISSUR, KERALA-680 604, REPRESENTED BY ITS PROPRIETOR, P.V.JAYRAJAN, S/O.VASUDEVAN NAMBOODIRI, PERUMPILLY MANA, MARATHENCODE P.O., KUNNAMKULAM, THRISSUR. 4. SHRI.SIV ENTERPRISES, REP. BY ITS PROPRIETOR, PRAKASH SUCHAK, S/O.SHIVLAL SUCHAK, ITWARI, MASKASATH, NAGPUR, MAHARASHTRA-440 002. 5. A & M EXPORTS, 8/33, ANDATHODE MANATHALA BEACH ROAD, CHAVAKKAD P.O., THRISSUR, KERALA-680 506, REP. BY ITS PROPRIETOR, ABDULLA .A.M., S/O.MOHAMMED. BY ADVS. SRI.P.RADHAKRISHNAN, SRI.MADHU RADHAKRISHNAN RESPONDENTS: ------------------------ 1. THE COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE, WELLINGTON ISLAND, KOCHI, PIN – 682 009. W.P.(C). NO.37913/2010-L: 2. THE ASSISTANT COMMISSIONER OF CUTOMS, CUSTOMS HOUSE, WELLINGTON ISLAND, KOCHI, PIN – 682 009. R1 & R2 BY ADV. SRI.JOHN VARGHESE,S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 37913 of 2010 L ``````````````````````````````````````````````````````` Dated this the 21st day of December, 2010 J U D G M E N T Petitioners are importers of betel nuts. In this writ petition, they seek provisional release of the goods mentioned in Ext.P1, which lists out 21 consignments. 2. I heard the counsel for the petitioner and also the learned Standing Counsel appearing for the respondents. Both sides submit that in respect of consignments at serial Nos.1 to 9, imported by petitioners 1 to 3, notices under Rule 12(1) of the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 have already been issued. It is also submitted that in so far as the consignments at serial Nos.10 to 21 are concerned, customs examination is going on and that, on production of the Bill of Entry, Rule 12(1) notice will be issued in respect of the said consignment also. 3. Taking note of the above and also having regard to the directions issued by the Division Bench in Ext.P14 W.P.(C) No.37913/10 : 2 : judgment, this writ petition is disposed of with the following directions:- (1) In respect of the consignments mentioned at serial Nos.1 to 9 of Ext.P1, it is directed that the petitioners will produce the documents within one week from today and thereupon valuation will be completed and the consignments will be released as ordered in paragraphs 8 and 9 of Ext.P14 judgment. (2) In so far as the consignments which are listed out at serial Nos.10 to 21 of Ext.P1 are concerned, it is directed that once Rule 12(1) notices are issued by the Department, petitioners 3, 4 and 5 will also produce the documents within one week, valuation will be completed immediately thereafter and the consignments which will be released as ordered in paragraphs 8 and 9 of Ext.P14 judgment of the Division Bench. (ANTONY DOMINIC, JUDGE) aks