IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 WP(C).No. 14859 of 2011(F) --------------------------------------- PETITIONER(S): ----------------------- M/S.STAR COPIERS, 6869/6, SADAR THANA ROAD, MULTANI DHANDA, PAHAR GANJ, NEW DELHI-110 055, REPRESENTED BY IS PROPRIETOR RAJEEV ANAND. BY ADV. SRI.P.RADHAKRISHNAN, SRI.MADHU RADHAKRISHNAN. RESPONDENT(S): -------------------------- 1. THE ADDITIONAL COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE, KOCHI, COCHIN-9. 2. COMMISSIONER OF CUSTOMS (APPEALS), CUSTOMS HOUSE, KOCHI, COCHIN-9. R1 & R2 BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 14859 of 2011(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE BILL OF ENTRY NO.262326 DATED 27/01/2010. EXT.P2: COPY OF THE TR6 CHALLAN NO.99093391 DATED 06/04/2010 EVIDENCING PAYMENT OF DUTY. EXT.P3: COPY OF THE BANK GUARANTEE. EXT.P4: COPY OF THE ORDER IN ORIGINAL NO.50/2010 DATED 24/02/2010. EXT.P5: COPY OF THE APPEAL MEMORANDUM RELEVANT PAGES FILED BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 14859 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 14th June , 2011 JUDGMENT The petitioner has imported some electronics goods from abroad, as per Bill of Entry dated 27.01.2010. The goods were detained by the concerned respondent, stating that, it was a restricted commodity, which according to the petitioner is not. So as to release the goods, the petitioner furnished 'bank guarantee' and also executed a bond. The first respondent passed Ext. P4 final order; which however was subjected to challenge by filing Ext. P5 appeal before the second respondent. The grievance of the petitioner is that Ext. P5 is still to be finalized by the second respondent. 2. Heard the learned standing counsel appearing for the respondents as well. 3. Considering the limited nature of the relief sought for, this Court does not find it necessary to go into the merits of the case. The Writ Petition is disposed of, directing the second respondent to consider Ext. P5 and pass final orders thereon, in accordance with law, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. It is made clear that the W.P. (C) No. 14859 of 2011 : 2 : 'bank guarantee' furnished by the petitioner shall not be enforced till the finalization of the proceedings, on condition that, the petitioner should keep the same alive till such time. P. R. RAMACHANDRA MENON, JUDGE kmd /True Copy/ P.A. to Judge