S.U. Sirajdeen Vs Principal Commissioner of Customs (Preventive) (Madras High Court)
Madras High Court modified the conditions for provisional release of goods [Viscose Knitted Fabric] due to alleged undervaluation and misclassification and directed to pay entire declared duty; 50% of differential duty and execute bond of specified sum.
Facts- The petitioner had imported goods which are ‘knitted fabrics’ vide seven bills of entries and the goods were moved to the Special Economic Zone situated at Nandiyambakkam, Chennai. The petitioner had approached the second respondent for clearance of the shipments from the Special Economic Zone unit. The petitioner was informed that the DRI officials have initiated investigation into all the imports of various kinds of fabrics and further informed that unless and until the test reports of all the consignments are obtained, no goods lying in the Free Trade Warehousing Zone would be released or permitted to be cleared.
DRI seized the goods covered by the subject bills of entry. DRI also issued NOC with regard to the petitioner’s request for provisional release of the goods covered under five bills of entries. Considering the NOC given by DRI, this Court passed an order directing the first respondent to provisionally release the goods after collecting the bond or bank guarantee or security deposit, as the case may be.
