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by Admin
07 May 2024 2:49 AM
In a scathing judgment, the Bombay High Court, comprising Hon'ble Justices JITENDRA JAIN and G. S. KULKARNI, has strongly criticized customs authorities for their unjustified detention of goods and the misapplication of regulations. The case centered around the release of consignments of "Lithium Ion Cells" and the dispute over compliance with Bureau of Indian Standards (BIS) marking and labeling requirements.
The judgment further highlighted the high-handed approach of customs officers, stating, "Such an approach, as adopted by the concerned officers of the customs, is, in fact, high-handed, unknown to the law, and counterproductive to the green initiatives of the Government of India, to promote electric vehicles."
The case also involved the issuance of a show cause notice to the petitioner under Section 124 of the Customs Act, 1962. While the show cause notice was challenged in the proceedings, the Court emphasized that it should proceed independently and be decided expeditiously within two months.
Bombay High Court ruled in favor of the petitioner, partly allowing the petition. The judgment not only highlights the need for customs authorities to adhere to regulations but also serves as a reminder of the importance of a fair and lawful approach in such matters.
Date of Decision: 02 November 2023
Chetak Technology Ltd. VS Union of India
[gview file="https://lawyerenews.com/wp-content/uploads/2023/11/Bom-02-Nov-2023-Chetan-Technologies-Vs-UOI.pdf"]
