M/S Bajrang Enterprises vs Commissioner Of Customs

Court No. - 4

Case :- WRIT TAX No. - 422 of 2017 Petitioner :- M/S Bajrang Enterprises Respondent :- Commissioner Of Customs (Preventive) & 2 Others Counsel for Petitioner :- Shubham Agrawal Counsel for Respondent :- Krishna Agarawal,Parva Agarwal Hon'ble Abhinava Upadhya,J. Hon'ble Ashok Kumar,J.

Heard Sri Shubham Agrawal, learned counsel for the petitioner and Sri Parva Agarwal, learned counsel for the Department.

This is a writ petition filed against the seizure proceeding under Section 110 of the Customs Act while the annexure no.7 is only summon under Section 108 of the Customs Act. The petitioner has alleged that the goods have been seized but no seizure order has been served upon him. It is to be noted that upon furnishing personal bond in pursuance of the order of this Court dated 06.06.2017, the goods have been released. However, the learned counsel for the petitioner submits that since seizure order has not been served, no further proceeding can be initiated by the authority.

In view of above, the writ petition is disposed of with direction to the respondents concerned that, in case, seizure order has not been served upon the petitioner till date, the same shall be served upon the petitioner within two weeks from today.

Order Date :- 6.11.2017 A.Kr.*

[Ashok Kumar, J.] [Abhinava Upadhya, J.]