IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.13805 of 2010 & connected case being CWP No.13812 of 2010 Date of decision: 13.8.2010 Shri Ram Nath Gulati. -----Petitioner. Vs. Union of India & others. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present:- Mr. Arun Gosain, Advocate for Mr. P.K. Mutneja, Advocate for the petitioner. Mr. H.P.S. Ghuman, Advocate for respondents. --- ADARSH KUMAR GOEL, J. 1. This order will dispose of C.W.P. No.13805 and 13812 of 2010, as the both the petitions involve common issue of clearance of goods for human consumption in accordance with the provisions of the Customs Act, 1962 (for short, “the Act”). 2. In C.W.P. No.13805 of 2010, case of the petitioner is that he imported worn clothing and interns and filed Bills of Entry under Section 46 of the Act between 22.3.2010 to 7.7.2010. The goods were examined by the customs authorities but clearance was not being allowed without any valid reason and the goods were warehoused. As a result, the petitioner was suffering heavy warehousing charges. CWP No.13805 of 2010 3. Notice was issued. Stand taken by the respondents is that the goods are restricted goods and were covered under para 2.17 of the Exim Policy read with I.T.C.(H.S.) Classification of Export and Import Items, for which licence was required. 4. We have heard learned counsel for the parties. 5. Admittedly, the matter has been pending before the customs authorities for period extending upto five months. It is also not disputed that no decision has been taken in the matter and conveyed to the petitioner. It is well settled that while exercising power of clearance of goods, authorities cannot sit tight over the matter for indefinite period and have to act promptly. They have to take a decision and convey the same to the affected party. 6. Without expressing any opinion on merits, at this stage, we direct the respondents to take a decision in the matter within two weeks from the date of receipt of a copy of this order and convey the same to the petitioners. 7. The petitions are disposed of. 8. A photocopy of this order be placed on the file of other connected case. (ADARSH KUMAR GOEL) JUDGE August 13, 2010 ( AJAY KUMAR MITTAL ) ashwani JUDGE 2