Case Law Details
Brief of the Case
In the case of M/s. Nepa Agency Co. Pvt. Ltd & Anr v Union of India, Hon’ble Calcutta High Court held that whenever in a statute a remedy is provided or an alternative remedy is there, then there is no need to entertain the Writ Petitions.
Facts of the Case
The petitioner is a Customs House Agent carrying on business as clearing and forwarding agent. There was a seizure of a case of cigarettes which was being attempted to be smuggled into India by way of concealment inside a container declared to be containing dining sets through the Calcutta Port. The estimated value of the goods was Rs. 4.35 crores. During preliminary investigation it was found that the declared Customs House Agent namely the petitioner no. 1 did not actually act as the agent but allowed some unauthorised persons to use its licence and name for clearance of the subject consignment. Regarding this an enquiry was conducted against the petitioner and license was suspended from 11th September, 2013. Due to this action the petitioner filed Writ before Hon’ble High Court.
Contentions of the Petitioner
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