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Madras High Court

Rep. By Its Partner Mr.Rayasam Gopal ... vs The Principal Commissioner Of Customs ... on 9 February, 2026

Author: Abdul Quddhose

Bench: Abdul Quddhose

                                                                                       WP No. 4537 of 2026


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                DATED: 09-02-2026
                                                         CORAM
                                  THE HON'BLE MR JUSTICE ABDUL QUDDHOSE
                                                WP No. 4537 of 2026
                                                             and
                                              WP NO. 4539 OF 2026
                M/s.Jasmine International
                Old No.184/9 New No.14 Ground Floor
                Jaya Nagar Main Road, Jaya Nagar, Kakkalur
                Thiruvallur District 602001.
                Rep. by its Partner Mr.Rayasam Gopal Jayakumar.
                                                                                        ..Petitioner(s)
                                                              Vs

                1. The Principal Commissioner Of Customs (sez-
                     ftwz)
                     Chennai III Preventive Commissionerate,
                     No.60 Rajaji Salai, Customs House, Chennai
                     600001.
                2. The Addl. Commissioner Of Customs (Sez-
                     Ftwz)
                     Chennai III Preventive Commissionerate,
                     No.60 Rajaji Salai, Customs House, Chennai
                     600001.
                3. The Deputy Director
                     DRI (Headquarters) 7th Floor
                     Drum Shaped Building, I.P.Bhavan
                     I.P.Estate, New Delhi 110002.
                                                                                       ..Respondent(s)
                                                                                              __________
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                                                                                     WP No. 4537 of 2026




                                              WP No. 4539 of 2026

                M/s.Selvam Fabrication
                New No.65, Old No. 33, 3rd Floor
                Prakasam Salai, Broadway, Chennai 600001
                Rep. by its Proprietor
                Mr.Rajendran Ponniyinselvan.
                                                                                      ..Petitioner(s)


                                                            Vs



                1. The Principal Commissioner Of Customs (sez-
                     ftwz)
                     Chennai III Preventive Commissionerate,
                     No.60 Rajaji Salai, Customs House, Chennai
                     600001.
                2. The Addl. Commissioner Of Customs (Sez-
                     Ftwz)
                     Chennai III Preventive Commissionerate,
                     No.60 Rajaji Salai, Customs House, Chennai
                     600001.
                3. The Deputy Director
                     DRI (Headquarters) 7th Floor
                     Drum Shaped Building, I.P.Bhavan
                     I.P.Estate, New Delhi 110002.
                                                                                     ..Respondent(s)



                                                                                            __________
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                                                                                       WP No. 4537 of 2026


                          Writ petition is filed under Article 226 of the Constitution of India
                seeking for issuance of a writ of mandamus to direct the                   1st and 2nd
                respondents herein to ensure the compliance of the order dated 30.06.2025
                passed by the 3rd respondent / DRI, Delhi granting detention and demurrage
                waiver certificate, interms of Regulation 6(1)(1) of Handling of Cargos in
                Customs Area Regulation 2009 and Regulation 10(1)(1) of the Sea Cargo
                Manifest and Transshipment Regulations, 2018 concerning the goods, covered
                under Warehouse Bill of Entry No.7798151 dated 15.01.2025 Container No.
                DRYU9843837 and also by considering the representation of the petitioner
                dated 11.08.2025 concerning the movement, the subject import consignment,
                presently detained from the Chennai Port to SEZ-FTWZ unit Viz, M/s.NDR
                Infrastructure Pvt. Ltd., Ponneri Taluk Thiruvallur District.
                                                WP No. 4539 of 2026

                          Writ petition is filed under Article 226 of the Constitution of India
                seeking for issuance of a writ of mandamus to direct the 1st and 2nd
                respondents herein to ensure the compliance of the order dated 30.06.2025
                passed by the 3rd respondent / DRI, Delhi granting detention and demurrage
                waiver certificate, interms of Regulation 6(1)(1) of Handling of Cargos in
                Customs Area Regulation 2009 and Regulation 10(1)(1) of the Sea Cargo
                Manifest and Transshipment Regulations, 2018 concerning the goods, covered
                under (1) Warehouse Bill of Entry No. 7798896 dated 15.01.2025, Container
                No. TRHU8082940(2)            Warehouse Bill of Entry No. 7799373 dated
                15.01.2025, Container No. TWCU8165755(3) Warehouse Bill of Entry No.
                7799680 dated 15.01.2025, Container No. TGBU6698954 and also by
                considering the representation of the petitoenr dated 11.08.2025 concerning the
                the movement the subject import consignment, presently detained from the
                Chennai Port to SEZ-FTWZ unit Viz, M/s.NDR Infrastructure Pvt. Ltd.,
                Ponneri Taluk Thiruvallur District.


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                                                                                             WP No. 4537 of 2026


                              For Petitioner(s):               Mr.S.Baskaran
                              For Respondent(s):               Mr.B.Arvind Srivatsa (R1 & R2)
                                                               Mr.Mohanamurali,SPC (R3)

                                                      COMMON ORDER

These writ petitions have been filed seeking for a direction to the respondents 1 and 2 to ensure compliance of the order dated 30.06.2025 passed by the third respondent granting detention and demurrage waiver certificate in favour of the petitioners for the subject Bills of Entry morefully described in the respective prayer to this writ petition, within a time frame to be fixed by this Court.

2. The petitioners claim that eventhough detention certificate was issued by the third respondent for the subject Bills of Entry as early as 30.06.2025 itself, the respondents 1 and 2 are yet to comply with the same. The petitioners had given a representation on 11.08.2025 to the respondents 1 and 2 seeking implementation of the detention certificate dated 30.06.2025 issued by the third respondent. Since the same has not been considered till date, the petitioners have filed these writ petitions.

3. Mr.Arvind Srivatsa, learned JPC, accepts notice on behalf of the respondents 1 and 2; and Mr.Mohanamurali, learned SPC, accepts notice on behalf of the third respondent.

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4. The petitioners have filed a copy of the detention certificate dated 30.06.2025 issued by the third respondent for the Bills of Entry morefully described in the respective prayer to these writ petitions, through which, the petitioners had imported the subject goods. The petitioners had given a representation dated 11.08.2025 to the respondents 1 and 2 for implementation of the detention certificate dated 30.06.2025 issued by the third respondent.

5. No prejudice will be caused to the respondents 1 and 2 if the aforesaid representation of the petitioners is considered on merits and in accordance with law, within a time frame to be fixed by this Court. Accordingly, these writ petitions are disposed of by directing the respondents 1 and 2 to pass final orders, on merits and in accordance with law, on the petitioners’ representation dated 11.08.2025 seeking for compliance of the detention certificate dated 30.06.2025 issued by the third respondent for the Bills of Entry morefully described in the respective prayer to these writ petitions, within a period of four weeks from the date of receipt of a copy of this order. No Costs.

09-02-2026 Neutral Citation: Yes/No RKM __________ Page5 of 6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/02/2026 01:33:27 pm ) WP No. 4537 of 2026 ABDUL QUDDHOSE J.

RKM To

1. The Principal Commissioner Of Customs (sez- ftwz) Chennai III Preventive Commissionerate, No.60 Rajaji Salai, Customs House, Chennai 600001.

2. The Addl. Commissioner Of Customs (Sez- Ftwz) Chennai III Preventive Commissionerate, No.60 Rajaji Salai, Customs House, Chennai 600001.

3. The Deputy Director DRI (Headquarters) 7th Floor Drum Shaped Building, I.P.Bhavan I.P.Estate, New Delhi 110002.

WP No. 4537 of 2026

AND WP NO. 4539 OF 2026 09-02-2026 __________ Page6 of 6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/02/2026 01:33:27 pm )