IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 W.P(C).No. 9140 of 2009(J) -------------------------------- PETITIONER: -------------- MOUNT ZION COLLEGE OF ENGINEERING, (A CHARITABLE EDUCATION SOCIETY)KADAMMANITTA P.O. PATHANAMTHITTA -689649,REPRESENTED BY ITS CHAIRMAN K.J. ABRAHAM. BY ADV. SRI.K.RAMAKUMAR, SR. ADVOCATE SRI.T.RAMPRASAD UNNI SRIJESTIN MATHEW RESPONDENT(S): -------------------- 1. THE ASSISTNT COMMISSIONER OC CUSTOMS (IMPORTS) CUSTOM HOUSE, WILLINGTON ISLAND, COCHIN - 682003. 2. THE COMMISSIONER OF CUSTOMS, CUSTOM HOUSE, WILLIGTON ISLAND, COCHIN-682003. ADV. SRI.JOHN VARGHESE, SC, CEN.BOARD OF EXCISE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 9140 OF 2009 (J) ===================== Dated this the 24th day of March, 2009 J U D G M E N T The prayer in this writ petition is to direct the 1st respondent to provisionally assess and clear the two air crafts imported by the petitioner, as provided under Section 18 of the Customs Act, 1962. According to the petitioner, these two aircrafts were brought to India for the purpose of teaching the students at their Mount Zion College of Engineering, but however, the same were detained by the respondents without any justification. 2. On instructions, standing counsel appearing for the respondents submit that the aircrafts in question were seized by restraint order F No.S31/09/09 dated 6/3/2009 and that its release can only be in terms of Section 110(A) of the Customs Act, 1962. 3. As at present, what the petitioner seeks is a provisional release of the goods. While according to him, the aircrafts are only detained and not seized, the respondents contend that the aircrafts in question has been seized. 4. Since, as already stated, what the petitioner seeks is release of the aircrafts pending adjudication, I direct the WPC 9140/09 :2 : respondents to consider the request of the petitioner for provisional release of the aircrafts applying the relevant provisions of the Customs Act, 1962. It is directed that orders in this behalf shall be passed, as expeditiously as possible, at any rate within 7 days from today. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp