Madras High Court
M/S.Deepam International vs The Commissioner Of Customs on 22 April, 2022
Author: C.Saravanan
Bench: C.Saravanan
W.P(MD).No.6871 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :22.04.2022
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P(MD).No.6871 of 2022
and
W.M.P(MD).Nos.5282 and 5284 of 2022
M/s.Deepam International,
Rep. by its Proprietorix,
Mrs.Seema Devi Verma,
A2, Plot No.238, Koshay Apartment,
Gajendran Road,
Tiruverkadu Cooperative Nagar,
Tiruvallur-600 077,
Tamilnadu. ... Petitioner
Vs.
1.The Commissioner of Customs,
Custom House, New Harbour Estate,
Tuticorin-628 004.
2.The Joint Commissioner of Customs,
Office of the Commissioner of Customs,
Custom House, Tuticorin-628 004.
3.The Assistant Commissioner of Customs
(Import-Assessment),
Group-1,
Custom House, New Harbour Estate,
Tuticorin-628 004.
4.The Assistant/Deputy Commissioner
of Customs (SIIB),
Custom House, New Harbour Estate,
Tuticorin-628 004. ...Respondents
1/5
https://www.mhc.tn.gov.in/judis
W.P(MD).No.6871 of 2022
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, calling for the
records pertaining to the Impugned Order in Original No.05/2022, dated
15.02.2022, in C.No.VIII/10/30/2021-Adjn, DIN -20220281OH00008183E7,
SCN No.36/2021, dated 05.10.2021/ in File C.No.VIII/48/11/2021-SIIB,
passed by the second respondent herein and to quash the same as illegal,
arbitrary, unfair, Unreasonable and without jurisdiction and in a clear
violation of principles of natural justice and perverse on account of not
obeying this High Court direction, consequently directing the second
respondent to permit the petitioner to Re-Export the goods Viz., 540 bags viz.,
27 MTS of “Unflavoured Supari (Split Betelnut Product)” of Myanmar
Origin Unflavore Supari imported from the Republic of the Union of
Myanmar vide Bill of Entry No.3281965, dated 24.03.2021, totally valued at
USD 36,450.00 and USD 27000.00, which was seized under Mahazar dated
12.04.2021 without insisting any Redemption Fine, penalty by waiving the
charges towards Demurrage and Container Detention Charges.
For Petitioner : Mr.Thirumazhilmaran
For Respondents : Mr.R.Aravindan
Senior Standing Counsel
ORDER
Heard the learned counsel for the petitioner and the learned Senior Standing counsel for the respondents.
2/5 https://www.mhc.tn.gov.in/judis W.P(MD).No.6871 of 2022
2. This writ petition stands disposed of by considering that an impugned order has been passed ignoring the order, dated 08.02.2022 in W.P. (MD).No.10087 of 2021.
3. However, the impugned order has been passed as if the issue was still pending before this Court. There were some guidelines in the said order which was required to be followed by the respondents, while passing the impugned order, dated 15.12.2022, bearing reference C.No.VIII/10/30/2021- Adjn in Order in Original No.5 of 2022. In the order passed by this Court on 08.02.2022 in W.P.(MD).No.10087 of 2022, a reference was made to the decision of this Court in W.P.(MD).No.24062 of 2021, dated 29.11.2021 in the case of M/s.Unik Traders Vs The Additional Commissioner of Cutoms and others. That view has been accepted by the department in the case of M/s.Unik Traders Vs The Additional Commissioner of Cutoms and others and Order in Original No.87614 of 2022 has been passed by the jurisdictional Additional Commissioner of Customs (Import Assessment Chennai).
4. In the light of the above, I am inclined to quash the impugned order and remit the case back to the respondents to pass a fresh order within a period of thirty days from the date of receipt of copy of this order. It is 3/5 https://www.mhc.tn.gov.in/judis W.P(MD).No.6871 of 2022 needless to state that before passing any such order, the order passed on 08.02.2022 in W.P(MD).No.10087 of 2021 filed by the petitioner shall be considered and the petitioner shall be heard. The petitioner is given liberty to make additional submissions, if any. No costs. Consequently, the connected miscellaneous petitions are closed.
22.04.2022
Index : Yes / No
Internet : Yes/ No
sn
To
1.The Commissioner of Customs,
Custom House, New Harbour Estate,
Tuticorin-628 004.
2.The Joint Commissioner of Customs, Office of the Commissioner of Customs, Custom House, Tuticorin-628 004.
3.The Assistant Commissioner of Customs (Import-Assessment), Group-1, Custom House, New Harbour Estate, Tuticorin-628 004.
4.The Assistant/Deputy Commissioner of Customs (SIIB), Custom House, New Harbour Estate, Tuticorin-628 004.
4/5 https://www.mhc.tn.gov.in/judis W.P(MD).No.6871 of 2022 C.SARAVANAN, J.
sn W.P(MD).No.6871 of 2022 22.04.2022 5/5 https://www.mhc.tn.gov.in/judis