Collector of Customs and ors. Vs. Vijayaraj and anr.

re-export - customs--mis-declaration of goods and failure to unload as per import general manifest--department admitting that no contraband was carried--rejection of request for re-export--not justified--writ petition against such rejection--single judge directing department to allow re-export of goods subject to petitioner giving undertaking and bond to be bound by final adjudication subject to legal remedies against department--department at liberty to initiate and complete action under customs act--proper--customs act (52 of 1962), sections 69(1), 111(d), 116 - imports and exports (control) act (18 of 1947), section 3(2). - nainarsundaram, j.1. the very counter affidavit of the appellants declared that the container did not contain any contraband or prohibited goods. the only allegation on the part of the appellants is a mis-declaration of the goods and failure to unload the goods as per the import general manifest. in the said circumstances, the learned single judge rightly held that there is no hurdle in directing re-export of the goods as asked for by the 1st respondent herein/the writ petitioner. with reference to the action that the appellants could take, liberty is given to initiate and complete the same and the 1st respondent herein/the writ petitioner has been directed to give an undertaking and personal bond to subject themselves to any action that the appellants may initiate and also to bind themselves to the ultimate adjudication, subject to their right to challenge such orders in appeal and in other forums. we do not think that the order of the learned single judge requires any revision/rectification. accordingly, this writ appeal is dismissed. no costs.