Rishab Spinning Mills vs Collector of Customs

Govindasamy, J.—Petition under Article 226 of the Constitution of India, praying that in the circumstances stated therein, and in the affidavit

filed therewith the High Court will be pleased to issue a Writ of mandamus directing the respondents herein to issue detention certificate to the

petitioner in respect of synthetic mutilated rags imported by the petitioner vide Bill of Entry No. 000002 dated 14-5-1990 and now detained on

Inland Containing Depot, Coimbatore.

This Writ Petition coming on for orders as to admission on this day upon perusing the petition and the affidavit filed in support thereof and upon

hearing the arguments of Mr. Arvind P. Datar, Advocate for the petitioner, and of Mr. K. Jayachandran, Additional Central Government Standing

Counsel on behalf of the Respondents, the court made the following order :-

The petitioner has filed the above writ petition for the issuance of a Writ of mandamus directing the respondents to issue a detention certificate to

the petitioner in respect of synthetic mutilated rags imported by the petitioner, vide Bill of Entry No. 000002, dated 14-5-1990 and now detained

on Inland Containing Depot, Coimbatore.

The petitioner had obtained additional licence No. 3310965, dated 16-11-1989 from a recognised export house Messrs. R. N. Oswal

(Export), Knitwear, Ludhiana, Pursuance to the licence, the petitioner placed an order for import of 22 tonnes of synthetic mutilated rags which

were shipped from Philadelphia on 16-3-1990. The value of the said consignment was Rs. 1,69,232.31 p. The said consignment arrived in Cochin

on 28-4-1990 and was transported to the Inland Container Depot (ICD) at Coimbatore on 23-5-1990. The bill of entry was filed on 14-5-1990

at Coimbatore ICD. The petitioner filed a Writ Petition No. 7146 of 1990 for a mandamus to restrain the respondents from applying the

provisions of the aforesaid paragraph 29(iv) to the import of synthetic rags. This court by order dated 13-8-1990 in the said Writ petition directed

the petitioner to pay Rs. 1,25,000/- in cash towards duty payable in respect of the goods and to furnish a bank guarantee for Rs. 1,25,000/-

towards balance duty payable in respect of the goods from any nationalised bank and on such compliance, the respondents were directed to

release the goods forthwith. In spite of the order passed by this Court, it appears that the respondents had not permitted the petitioner to clear the

goods on the ground that the imports should be only through Bombay and Delhi.

The petitioner represented that the present consignment would be governed by the conditions of the policy of 1988-91 under which LGL

conditions would not apply to imports made under an additional licence and consequently the restriction for the imports will not apply to the

present consignment. The second respondent by his letter dated 12-6-1990 informed the petitioner that his consignment had been detained for

want of certain clarifications and in the meantime, the first respondent issued a show cause notice dated 9-7-1990 and that adjudication

proceedings were pending. It is at this stage, the petitioner has come to this court by filing the above writ petition for the aforesaid relief.

On notice from this court, Mr. K. Jayachandran, learned Additional Central Government Standing Counsel appears and makes representation

that in view of the fact that there has been no order passed by this court in so far as the grant of detention certificates, the respondents are perfectly

justified in seeking such a clarification. In view of the order passed by this court in Writ Petition No. 7146 of 1990, permitting the petitioner to get

clearance of the goods on compliance of the conditions imposed therein, the respondents are directed to issue a detention certificate on the

application filed by the petitioner within two weeks from the date of receipt of a copy of this order.

This Writ petition is ordered accordingly. No costs.