Jitendra Shadija Vs Union of India (Chhattisgarh High Court)
In the Chhattisgarh High Court case Jitendra Shadija Vs Union of India, the petitioner sought directions for the release of imported goods detained by customs due to alleged defects in BIS certification and labeling. The petitioner requested either unconditional release of the goods under bills of entry No. 7693776 and 7782823, or conditional release subject to rectification of curable defects noted in a show-cause notice dated 09.05.2024.
The petitioner emphasized the desire to file objections before the Adjudicating Authority regarding the alleged defects, claiming some violations were curable. Counsel for the respondents did not oppose this request.
The Court considered the submissions and disposed of the petition by directing the Adjudicating Authority to decide all objections raised by the petitioner, including issues relating to the curability of BIS certification and labeling defects, in accordance with law. The judgment ensures that the petitioner’s objections are heard and adjudicated properly without granting immediate relief on the release of goods.
FULL TEXT OF THE JUDGMENT/ORDER OF CHHATTISGARH HIGH COURT
1. The petitioner has preferred this petition under Article 226/227 of the Constitution of India, seeking following relief(s):-
That this Hon’ble Court may be pleased to issue suitable direction9s), order(s) or writ(s) including writ(s) in nature of Mandamus Certiorari etc.
10.1 Directing respondent No.8 and/or any other concerned answering respondent to effect unconditional release of goods imported (held in two containers) under bill of entry bearing serial No.7693776 and 7782823.
10.2 Alternatively directing respondent No.8 and/or any other concerned answering respondent(s) to effect conditional release of goods imported (held in two containers) under bill of entry bearing serial No.7693776 and 7782823 subject to the petitioner removing alleged defect(s)/violation(s) [as they are curable in nature as per the understanding of the petitioner] pointed out vide show cause notice dated 09.05.2024.
10.3 Grant any other relief(s) and/or pass any such order(s) that this Hon’ble Court may deem fit in facts and circumstances of the case.
2. Learned counsel for the petitioner submits that the petitioner wants to file appropriate objection before the Adjudicating Authority for redressal of his grievances, therefore, he prays that this petition may be disposed of directing the Adjudicating Authority to decide all the objections raised by him including with respect of curability of, i.e. Bureau of Indian Standards Certification (BIS) defects and labeling.
