: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY Civil Jurisdiction Civil Jurisdiction Civil Jurisdiction WRIT PETITION NO.3327 OF 2009 WRIT PETITION NO.3327 OF 2009 WRIT PETITION NO.3327 OF 2009 Akhtar Ansari ...Petitioner. V/s. The Commissioner of Customs (Import), Nhava Sheva & Ors. ...Respondents. Mr.A.D.Roy with Santosh G. Maske , advs. for the Petitioner. Mr.R.G.Bhat , adv. for the Respondents. CORAM: F.I.Rebello & CORAM: F.I.Rebello & CORAM: F.I.Rebello & J.H.Bhatia,JJ J.H.Bhatia,JJ J.H.Bhatia,JJ. DATE : 6th May, 2009. DATE : 6th May, 2009. DATE : 6th May, 2009. P.C.: P.C.: P.C.: 1. Rule. Heard forthwith. 2. In the instant case, the facts herein are similar to what was an issue in Writ Petition No.3288 of 2009. The only difference in this case is that though the assessment has been made, the duty has not yet been paid. According to the petitioner, he has not been allowed to pay the duty. 3. Like in the earlier case, we called on the petitioner to remain present. He is present with his PAN Card. He is the same person in whose favour the IEC Code is issued. On query with the petitioner regarding his amount in his bank account, he says none. On enquiring for : 2 : whom he has imported the goods, he says that the import is for Rizwan Khan and has given the address and telephone numbers of Rizwan Khan as follows: Fashion Bags 137, Sarang Street, Crawford Market, Near Sadanand Hotel, Shop No.2, Mumbai- 400 003. Tel: 23455651 Mob: 9323906419, 9820087133. 4. Considering the above, petitioner to appear before the Superintendent of Customs, Mr.S.R.Nair, SIIB(I) at 11.00 a.m. on 7th May, 2009. 5. Respondents are directed to allow the petitioner to pay the duties within seven days from today and thereafter, release the goods. 6. Rule made absolute accordingly. No order as to costs. 7. Copy of this order be forwarded to the Director General of Income-tax, Scindia House, Ballard Pier for looking in the matter and for taking action as per law. : 3 : (J.H.Bhatia, J.) (J.H.Bhatia, J.) (J.H.Bhatia, J.) (F.I.Rebello, J.) (F.I.Rebello, J.) (F.I.Rebello, J.)