IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 WP(C).No. 31933 of 2008(B) -------------------------- PETITIONER(S): --------------- M/S.POLYCOLORS INTERNATIONAL, VIII/397, KETEZHATHUKADAVU ROAD, MARADU P.O. COCHIN-682304,KERALA,INDIA, REPRESENTED BY ITS MANAGING PARTNER, BINDU SATHYAJITH. BY ADV. SRI.D.PREM KAMATH RESPONDENT(S): --------------- 1. THE ASSISTANT COMMISSIONER OF CUSTOMS, CUSTOM HOUSE, COCHIN - 682009 2. COMMISSIONER OF CUSTOMS (APPEALS), CUSTOM HOUSE, COCHIN - 682009 3. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE, NEW DELHI. ADV. SRI.ABRAHAM THOMAS,SC,CENTRAL BOARD-EXC FOR R1 TO 3 SC SRI.THOMAS MATHEW NELLIMOOTTIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).31933/2008 -------------------- Dated this the 3rd day of November, 2008 JUDGMENT Petitioner imported E-Glass Chopped strand mat from China with a declared price of Rs.39.70 per Kg. That was detained by the Customs Authority. As per Ext.P1 order, the Assistant Commissioner of Customs rejected the invoice value and determined the value based on NIDB value. On appeal, the Deputy Commissioner accepted the invoice value as per Ext.P2 order. In spite of the same, the goods have not been released to the petitioner and hence the writ petition. 2. Learned counsel for the respondents submits that Ext.P2 order is proposed to be taken up in further appeal before the CESTAT and goods therefore, could not be released in terms of Ext.P2. 3. After hearing learned counsel on both sides, I am of the view that the petitioner shall be permitted to get the goods released, but subject to condition that the W.P.(C).31933/2008 2 petitioner furnishes a bank guarantee for the differential value that is shown in the invoice and assessed in Ext.P1 order. Said bank guarantee shall remain in force for a period of six months. It is upto the respondents to approach the appellate authority against Ext.P2. Further continuation of the bank guarantee shall depend on the interim orders if any, that may be passed by the appellate authority against Ext.P2. On furnishing the bank guarantee, goods shall be released to the petitioner. Writ petition is disposed of as above. V.GIRI, Judge mrcs