Madras High Court
M/S. Sai Balaji Fancy Store vs The Additional Commissioner Of Customs ... on 25 June, 2024
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
W.P.No.15765 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.06.2024
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
Writ Petition No.15765 of 2024
M/s. Sai Balaji Fancy Store,
No.75, Thambu Chetty Street,
Second Floor, Shop No.43,
Chennai-600 001,
by its Proprietor Mr.Suresh Rajendran. .. Petitioner
-vs-
1.The Additional Commissioner of Customs (Gr.2G),
Chennai II Commissionerate,
Customs House, No.60,
Rajaji Salai, Chennai-600 001.
2. The Deputy Commissioner of Customs (Gr.2G),
Chennai II Commissionerate,
Customs House, No.60,
Rajaji Salai, Chennai-600 001.
3.The Additional Commissioner of Customs (SIIB),
Chennai III Commissionerate,
No.60, Rajaji Salai,
Customs House, Chennai-600 001.
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https://www.mhc.tn.gov.in/judis
W.P.No.15765 of 2024
4.The Deputy Commissioner of Customs (SIIB),
Chennai III Commissionerate,
No.60, Rajaji Salai,
Customs House, Chennai-600 001. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus directing the 3rd and 4th respondents
herein to forward the case file, concerning the Bill of Entry No. 9756252
dated 21.01.2024, to the 1st and 2nd respondents, so as to take decision by
the said respondents, to consider the various representations made by the
petitioner, including the representation dated 19.03.2024, in which
representation, the petitioner had sought for re-export of the wrong
shipment of goods, viz., Adult Toys, back to the supplier, as requested by
the said supplier to the customs and also to release the other non-offending
goods, viz., “Plastic Bottles for Lab” as declared in the subject bill of entry,
pending any further investigation by the office of 3rd and 4th respondent,
and also to further consider the request made for waiver of
demurrage/storage charges.
For Petitioner : Mr.S.Baskaran
For Respondents : Mr.Avinash Wadhwani, Standing Counsel
ORDER
By this writ petition, the petitioner seeks the consideration and disposal of representations submitted to the respondents for re-export of 2/6 https://www.mhc.tn.gov.in/judis W.P.No.15765 of 2024 goods wrongly shipped to the petitioner and for release of plastic bottles for lab.
2. Pursuant to purchase order dated 15.12.2023 for the supply of plastic bottles for lab, goods were released for home consumption under bill of entry No.9756252 dated 21.01.2024. It was subsequently discovered that the containers also contained adult toys. Upon realising the same, the petitioner raised the issue with the China based exporter. Such exporter addressed a communication to the Customs Department seeking re-export of such adult toys and clarified that such goods were wrongly loaded along with the goods intended for the petitioner. After submitting several representations, including representation dated 19.03.2024, the present writ petition was filed.
3. Learned counsel for the petitioner referred to the above mentioned documents and submitted that the petitioner has paid for goods imported under the above mentioned bill of entry. He further submits that the relief claimed is limited to the consideration of the representation dated 19.03.2024.
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4. Mr.Avinash Wadhwani, learned standing counsel, accepts notice for all the respondents. He submits that the Customs Act, 1962 imposes requirements for requests for re-export. He further submits that the representation dated 19.03.2024 would be considered and disposed of in accordance with law.
5. In view of the above submissions, and the limited nature of the relief claimed, this writ petition may be disposed of by directing the consideration and disposal of the representation.
6. Therefore, W.P.No.15765 of 2024 is disposed of without any order as to costs by directing respondents 1 & 2 to consider and dispose of the representation dated 19.03.2024 in accordance with law within eight weeks from the date of receipt of a copy of this order.
25.06.2024 Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No kj 4/6 https://www.mhc.tn.gov.in/judis W.P.No.15765 of 2024 To
1.The Additional Commissioner of Customs (Gr.2G), Chennai II Commissionerate, Customs House, No.60, Rajaji Salai, Chennai-600 001.
2. The Deputy Commissioner of Customs (Gr.2G), Chennai II Commissionerate, Customs House, No.60, Rajaji Salai, Chennai-600 001.
3.The Additional Commissioner of Customs (SIIB), Chennai III Commissionerate, No.60, Rajaji Salai, Customs House, Chennai-600 001.
4.The Deputy Commissioner of Customs (SIIB), Chennai III Commissionerate, No.60, Rajaji Salai, Customs House, Chennai-600 001.
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