Ajit Kumar Sengupta, J. - (1.) This appeal was originally initiated against the refusal of the Trial Court to pass any interim order. On 19-8-1988 we passed the following order :- "Mr. Nirmal Mitra and Mr. Dipak K. Deb, Advocates of this Court are appointed Joint Special Officers. (a) They shall pay the customs duty on the subject goods to be calculated on the invoice value, (b) The Special Officers shall further realise a sum of Rs. 15,00,000/- (Rupees fifteen lakhs) from the petitioner to be retained by them until further orders of this Court. Upon deposit of the sum of Rs. 15,00,000/- with the Special Officers and upon payment of the customs duty, on the basis of the invoice value, the respondents shall release the goods to the Special Officers and allow removal of the goods from the bonded warehouse, (c) The petitioner shall pay warehousing charges before the goods are removed by the Special Officers, (d) The Special Officers shall retain the goods in a separate godown to be provided by the petitioners, (e) The sale shall be effected under the supervision of the Special Officers. The Special Officers shall ascertain the price, name of the parties and the quantity sold, (f) Out of the sale proceeds the Special Officers shall retain 10% of the sale proceeds and keep the same along with the said sum of Rs. 15,00,000/- separately in a fixed deposit account with the Oriental Bank of Commerce for six months for the time being and the said fixed deposit shall be renewed from time to time subject to further orders of this Court, (g) Before the goods are removed, the Assistant Collector of Customs will obtain the sample of the goods, (h) The Collector of Customs will be at liberty to proceed with the adjudication proceedings after issuing a show-cause notice and after giving the petitioner a reasonable opportunity of being heard he shall pass a speaking order. In the event the order so passed goes against the petitioner, it shall not be communicated or given effect to without the leave of the Court and such order shall be placed before this Court for consideration. Let the order in the adjudication proceeding be made by 17-9-1988. Each of the Joint Special Officers will be entitled to remuneration of 250 GMs. to be paid by the petitioner for the time being. Let the matter appear in the list on 19-9-1988 as part heard application. The Joint Special Officers and all concerned parties shall act on the signed copy of the minutes of this order on usual undertaking." From time to time we passed several orders in this proceeding. In terms of the order dated 19-8-1988 the Collector passed an order on September 1,1988 which is under challenge, before us in this proceeding, inasmuch as the said order was passed in pursuance of the direction given by this Court.
(2.) The facts leading to this case, shortly stated, are that in or about September, 1987, the appellant-writ petitioner decided to import a quantity of 1000 MT of Zinc Ingots of 99.96% minimum purity. For this purpose the writ petitioner invited quotations from various foreign suppliers, who quoted the price of the said goods varying between U.S. Dollars 745 to 755 per MT. The petitioner ultimately entered into, a contract with M/s. Khater (HK) Ltd., Hongkong on 16th September, 1987 for 1000 MT of Zinc ingots of 99.96% minimum purity at a price of US Dollars 750 per MT. CIF Calcutta.
(3.) The said foreign supplier during the months of October/November, 1987 shipped a total quantity of about 200 MT of the said goods pursuant to the said contract. The said consignments were cleared by the Customs Authorities by determining their assessable value on the basis of the said contract and the said agreed price of US Dollars 750 per MT.;