1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE CIVIL CIVIL CIVIL JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.9172 OF 2007 NO.9172 OF 2007 NO.9172 OF 2007 Abhishek Abhishek Abhishek Dhule Dhule Dhule ...... Petitioner Petitioner Petitioner vs vs vs Addl.Director Addl.Director Addl.Director General,DRI,Mumbai ..Respondent General,DRI,Mumbai ..Respondent General,DRI,Mumbai ..Respondent Mr.Atish Mr.Atish Mr.Atish D.Ray D.Ray D.Ray for Petitioner for Petitioner for Petitioner Mr.A.S.Rao Mr.A.S.Rao Mr.A.S.Rao with with with Mr.D.A.Dubey & Mr.H.P.Chaturvedi Mr.D.A.Dubey & Mr.H.P.Chaturvedi Mr.D.A.Dubey & Mr.H.P.Chaturvedi for for for Respondent Respondent Respondent CORAM CORAM CORAM : : : F.I.REBELLO AND F.I.REBELLO AND F.I.REBELLO AND R.S.MOHITE, R.S.MOHITE, R.S.MOHITE, JJ JJ JJ DATED DATED DATED : : : 10th January, 2008 10th January, 2008 10th January, 2008 P.C. P.C. P.C. 1.1.1. Rule. Rule. Rule. Heard forthwith. Heard forthwith. Heard forthwith. 2.2.2. In the instant case, by an order dated 8th In the instant case, by an order dated 8th In the instant case, by an order dated 8th October, October, October, 2007 the Additional Director General, DRI 2007 the Additional Director General, DRI 2007 the Additional Director General, DRI adjudicated adjudicated adjudicated additional customs duty liability on additional customs duty liability on additional customs duty liability on mis-declared mis-declared mis-declared goods to Rs.9,74,186.50. The goods to Rs.9,74,186.50. The goods to Rs.9,74,186.50. The petitioner petitioner petitioner has also deposited the amount of has also deposited the amount of has also deposited the amount of Rs.10,00,000/-. Rs.10,00,000/-. Rs.10,00,000/-. The petitioner would have been The petitioner would have been The petitioner would have been otherwise otherwise otherwise eligible to get provisional release of eligible to get provisional release of eligible to get provisional release of the the the goods on furnishing the bond as required under goods on furnishing the bond as required under goods on furnishing the bond as required under the the the law. law. law. 3.3.3. A reply has been filed on behalf of the A reply has been filed on behalf of the A reply has been filed on behalf of the respondents respondents respondents by by by Mr.Pankaj Dwivedi, Dy.Director, DRI, Mr.Pankaj Dwivedi, Dy.Director, DRI, Mr.Pankaj Dwivedi, Dy.Director, DRI, Mumbai. Mumbai. Mumbai. Reference is made to some other Reference is made to some other Reference is made to some other consignment. consignment. consignment. Our attention is also invited to the Our attention is also invited to the Our attention is also invited to the provisions provisions provisions of section 143 of the Customs Act. of section 143 of the Customs Act. of section 143 of the Customs Act. 2 4.4.4. We have heard learned counsel for the parties. We have heard learned counsel for the parties. We have heard learned counsel for the parties. In In In a prima facie consideration of section 143, it a prima facie consideration of section 143, it a prima facie consideration of section 143, it would would would not have been open to the respondents on the not have been open to the respondents on the not have been open to the respondents on the facts facts facts of this case to invoke the said section. As of this case to invoke the said section. As of this case to invoke the said section. As the the the petitioner has already deposited the sum of petitioner has already deposited the sum of petitioner has already deposited the sum of Rs.10,00,000/-. Rs.10,00,000/-. Rs.10,00,000/-. The respondents to release the The respondents to release the The respondents to release the goods goods goods on the petitioner furnishing usual bond. The on the petitioner furnishing usual bond. The on the petitioner furnishing usual bond. The goods goods goods to be released within four days on furnishing to be released within four days on furnishing to be released within four days on furnishing the the the bond. bond. bond. 5.5.5. Rule is made absolute accordingly. There shall Rule is made absolute accordingly. There shall Rule is made absolute accordingly. There shall be be be no order as to costs. no order as to costs. no order as to costs. (F.I.Rebello, (F.I.Rebello, (F.I.Rebello, J) J) J) (R.S.Mohite, (R.S.Mohite, (R.S.Mohite, J) J) J)