MODAK DYEING AND PRINTING CO. PVT LTD.  Vs COMMISSIONER OF CUSTOMS (PREVENTIVE), & ANR.

W.P.(C) 9383 /2020 Page 1 of 3
$~16.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on : 6th Janua ry, 2021
+ W.P.(C) No.9383/2020 & C.M.No.30222/2020 (directions)
MODAK DYEING AND
PRINTING CO. PVT LTD. ….. Petitioner
Through: Mr.Ashish Batra , Adv. with
Mr.Aa karsh Srivastava Adv.
Versus
COMMISSIONER OF CUSTOMS
(PREVENTIVE) & ANR. ….. Respondent s
Through: Mr.Harpreet Singh, Sr.Standing
Counsel .

CORAM:
HON’BLE THE CHIEF JUSTICE
HON’BLE MS. J USTICE J YOTI SINGH
JUDGMENT
:
1. This writ petition has been preferred with the following prayers: – D.N.PATEL, Chief Justice (Oral)
Proceedings in the matter have been conducted through video
conferencing.
“i. Issue a Writ in the nature of Mandamus or any other
writ, order or direction to the Respondents to grant
copies of Panchnama, Seizure Memo issued under
section 110 of the Customs Act, 1962, Importer’s copy of
Test Memo, Importer’s sample of the seized goods since
the petitioner disputes the correctness of Test Report,
Computation chart for arriving at the all eged differential
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W.P.(C) 9383 /2020 Page 2 of 3
duty, IGST, Penalties, etc and the result of the Test
Reports to the petitioners in respect to Bills of Entry No.
8155078 dated 13.07.2020, 8223948 dated 20.07.2020
and 8224269 dated 20.07.2020;
ii. Issue a Writ in the nature of Certior ari or any other
appropriate writ or order seeking quashing of the
impugned Order dated 14.10.2020 issued by the
respondent No. 2 under Section 110A of the Customs Act,
1962 and consequently directing the respondent to allow
provisional release of the subj ect goods covered under
Bills of Entry No. 8155078 dated 13.07.2020, 8223948 dated 20.07.2020 and 8224269 dated 20.07.2020 on such
reasonable terms and condition as this Hon’ble Court
may deem fit and proper.
”

2. Learned counsel for the P etitioner submit s that he would be s atisfied
if the writ petition is disposed of with a direction to the Respondents to
supply the documents enumerated in prayer ( i) of the writ petition.
3. Learned counsel for the R espondent s, on instructions, submit s that the
Respondent s are ready and willing to supply th e said documents to the
Petitioner.
4. In view of the aforesaid submissions made by the counsel for the
Respondents , on instructions, the grievance ventilated by the P etitioner is
redressed. Petitioner may send an A uthorized Representative to the
concerned officer of the R espondent s, to collect the documents as
enumerated in prayer (i) of the writ petition.
5. So far as prayer ( ii) is concerned, the same cannot be allowed and
notice was earlier issued only limited to prayer (i). In any case learned
counsel for the Petitioner candidly admits that the impugned order dated
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W.P.(C) 9383 /2020 Page 3 of 3
14th October, 2020 passed under Section 110A of the Customs Act, 1962 is
an appealable order and the P etitioner would be filing an appeal against the
said order, before the appropriate Authority, in accordance with law and
thus does not press prayer (ii).
6. In view of the aforesaid, nothing further remains to be adjudicated in
this writ petition and the same is, therefore, disposed of along with the
pending applica tion.

CHIEF JUSTICE

J YOTI SINGH , J
J ANUARY 06, 202 1
‘anb’

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