Commissioner of Customs v. Christine Ko (SC)
BS197179
SUPREME COURT OF INDIA
Before:-B.N. Kirpal and A.P. Misra, JJ.
Civil Appeal No. 7186 of 1999. D/d.
10.12.1999.
Commissioner of Customs - Petitioner
Versus
Christine Ko - Respondent
Customs Act, 1962 Sections 111 and 122
Case Referred :-
Union of India v. Sampat Raj Dugar, 1992 (2) SCC 66.
JUDGMENT
Special leave granted.
2. By way of an interim order, the High Court has directed that the goods which had been imported by the respondent to India should be allowed to be re-exported during the pendency of the writ petition itself. The Attorney General submits that because of the misdeclaration in the instant case, the appellants had a right of confiscation of the said goods and the High Court was in error in ordering their re-export. He submits that the import was not in accordance with law and, therefore, the decision of this Court in Union of India and Another v. Sampat Raj Dugar and Another, 1992 (2) SCC 66 will not be applicable. This submission is contested by the learned senior counsel for the respondent.
3. Without going into the merits of the contentions raised by the learned counsel, we are of the opinion that it would be more appropriate if the main writ petition which is pending in the Gujarat High Court is itself disposed of at an early date. Pending the said decision in writ petition, status quo should be maintained. We, accordingly, set aside the interim order passed by the Gujarat High Court and request the High Court to hear and dispose of the writ petition within a period of three months.
4. The appeal is disposed of accordingly.
.