Snehal Upadhyay –
Published on August 27, 2021, at 15:25 IST
The Gujarat High Court has ordered the Customs Authority to consider an application for the Provisional Release of Goods as Seizure Memo as it is disputed.
The petitioner had entered into a contract with Aureole Trading (U.A.E) in order to supply Naphtha products. The shipment of the products was loaded from Oman’s port and was imported to Kandla’s port.
With regard to the terms of the contract the subject goods were shipped through Delta Shipping and Trading LLC on Vessel MT Tuna vide 7 bills of lading.
The authorities had stated their grievances that the goods that were imported purportedly as Naphtha, on examination at the Custom House Laboratory at Kandla were found to be “Natural Gasoline Liquid”.
The Division Bench of Chief Justice Vikram Nath and Justice Biren Vaishanav observed that the entire issue of the seizure memo being disputed was based on the test reports which was essentially being in the realm of disputed questions of facts.
The Court ordered the petitioner to submit an application for the provisional release that can be made granted under Section 110 of the Customs Act, 1962.
Therefore the Court directed the respondents to decide the applications which have been pending before it for a very long time, in accordance with law within four weeks.
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