IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 WP(C).No. 15584 of 2010(W) ---------------------------------- PETITIONER(S): --------------- SHIVAM INTERNATIONAL,BASANTA BIHAR,NEARA KRISHI UPAJ MANDI BACK SIDE GATE,SIKAR-332 001, REPRESENTED BY ITS PROPRIETOR GAUTAM SHARMA. BY ADV. MR.E.K.NANDAKUMAR MR.A.K.JAYASANKAR NAMBIAR MR.K.JOHN MATHAI MR.P.BENNY THOMAS MR.P.GOPINATH RESPONDENT(S): -------------------- 1. THE UNION OF INDIA,REPRESENTED BY THE SECRETARY,MINISTRY OF FINANCE (DEPARTMENT OF REVENUE),NORTH BLOCK,NEW DELHI-110 001. 2. THE COMMISSIONER OF CUSTOMS,CUSTOM HOUSE COCHIN-682 009. 3. THE ADDITIONAL COMMISSIONER OF CUSTOMS, CUSTOM HOUSE,COCHIN-682 009. 4. THE DIRECTOR GENERAL OF FOREIGN TRADE, DEPARTMENT OF COMMERCE,MINISTRY OF COMMERCE AND INDUSTRY,UDYOG BHAVAN,NEW DELHI-110 107. ADV. MR.TOJAN J.VATHIKULAM,SC,C.B. EXCISE FOR R1 TO 3 MR. THOMAS MATHEW NELLIMOOTTIL – SC MR. T.P.M. IBRAHIMKHAN-ASST.SOL.GEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ALONG WITH W.P.(C)NO.16001 OF 2010 AND CONNECTED CASES ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) Nos.15584, 16001, 16023 & 16024 OF 2010 ------------------------------- Dated this the 17th day of JUNE, 2010 J U D G M E N T In these four writ petitions, the petitioners are aggrieved by orders passed by the third respondent in respect of certain goods imported by the petitioners. There was a dispute regarding the classification of the goods. After adjudication, the third respondent passed orders directing the petitioners to pay additional duty, redemption fine and penalty. The petitioners submit that subsequent to filing of the writ petitions, appeals have been filed before the appellate authority against the adjudication orders. But, according to the petitioners, the appellate authority cannot direct release of the goods, pending consideration of the appeals. It is further submitted that by Ext.P7 order, a learned Judge of this Court has allowed clearance of the goods on certain conditions. 2. I have heard the learned counsel for the respondents also. I am of opinion that it is only just and proper that the W.P.(c)No.15584/10& con.case 2 petitioners be allowed to clear the goods on certain conditions, pending disposal of the appeal. Accordingly, these writ petitions are disposed of with a direction to the respondents to release the goods to the petitioner pending disposal of the appeal on the following conditions: The petitioner shall pay the duty assessed on the goods. The petitioner shall furnish bank guarantee for 50% of the redemption fine and penalty imposed as per the impugned orders and shall furnish a bond for the remaining 50% to the satisfaction of the Commissioner of Customs, Kochi. S. SIRI JAGAN, JUDGE acd W.P.(c)No.15584/10& con.case 3 W.P.(c)No.15584/10& con.case 4