Madras High Court
Scope Specialties Llp vs The Development Commissioner on 26 February, 2020
Author: Anita Sumanth
Bench: Anita Sumanth
W.P.No.11799 & 31706 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.02.2020
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
Writ Petition No.11799 & 31706 of 2019
W.M.P.No.19443 & 12019 of 2019 & 5313 of 2020
Scope Specialties LLP
Rep by its partner
Ashish Jain ...Petitioner in W.P.No.11799 of 2019
M/s. Scope Ingredients Pvt. Ltd.
Rep by its Director Shri Sachin Jain ...Petitioner in W.P.No.31706 of 2019
--Vs--
1.The Development Commissioner
Ministry of Commerce & Industry,
Office of the Development
Commissioner (MEPZ-SEZ)
G.S.T. Road, Tambaram
Chennai-600 045
2.The Deputy Commissioner of Customs (MEPZ-SEZ)
G.S.T. Road, Tambaram
Chennai-600 045
3.The Joint Director General of Foreign Trade
Ministry of Commerce & Industry,
Govt. of India
4-5 Floor, Shastri Bhavan Annex
26, Haddows Road,
Chennai-600 006
4.Zonal Addl. Director General of Foreign Trade
& Appellate Authority
Ministry of Commerce & Industry,
Govt. of India
4-5 Floor, Shastri Bhavan Annex
26, Haddows Road,
Chennai-600 006
5.M/s. Scope Ingredients Pvt. Ltd.,
Rep. by its Director Sachin Jain,
No.19, Marshall Road, S-10, 2nd Floor,
Egmore, Chennai-600 008
6.The Inspector of Police, CBI/ACB/Chennai
(Suo motu impleaded by order of
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W.P.No.11799 & 31706 of 2019
this Court dated 27.11.2019) ...Respondents in WP No.11799 of 2019
1.The Joint Director General of Foreign Trade
Ministry of Commerce,
Govt. of India
4th 5th Floor, Shastri Bhavan Annex
26, Haddows Road,
Chennai-600 006
2.Zonal Addl. Director General of Foreign Trade
& Appellate Authority
Ministry of Commerce,
Govt. of India
4th 5th Floor, Shastri Bhavan Annex
26, Haddows Road,
Chennai-600 006
3.The Inspector of Police, CBI/ACB/Chennai
(Suo motu impleaded by order of
this Court dated 27.11.2019) ...Respondents in WP No.31706 of 2019
PRAYER in WP.No.11799 of 2019: PETITION filed under Article 226 of the
Constitution of India praying for the issuance of Writ of Certiorarified Mandamus,
calling for the records of the second respondent in his file
no.JMFTWZ/Minerva/1/2017/6033 dated 19.12.2018, quash the same and direct
the respondents 1 to 3 herein to permit the release of the six containers
(Container No.HLBU127161-3, BSUI402359-4, HLXU521281-1, PGTU415734-4,
TRLU86159-4, FSCU459950-8) which are lying in FTWZ (Free Trading
Warehousing Zone), MEPZ (Madras Export Processing Zone), Chennai to the
petitioner.
PRAYER in WP.No.31706 of 2019: PETITION filed under Article 226 of the
Constitution of India praying for the issuance of Writ of Certiorarified Mandamus,
calling for the records of the second respondent made in
F.No.I(146/Addl.DGFT/ECA/Chen/Am 16 dated 04.12.2017 and quash the same.
For Petitioner : Mr.K.Subramanian
Senior Counsel for
Mr.S.Punniyakkotti
For Respondent : Mr.G.Karthikeyan-ASG for R1 to R4
No appearance for R4
Mr.K.Srinivasan for R6
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W.P.No.11799 & 31706 of 2019
ORDER
Pursuant to a direction of this Court dated 11.02.2020, an order directing the release of consignments was passed on 24.02.2020, extracted in full below:
Heard learned counsels.
2. The admitted position is that the suspension of the import export code in this case is only for the period 04.12.2017 to 04.12.2019. Thus, the order of suspension as on date, has expired. Learned counsel appearing for the CBI fairly states that the detention is not at their instance and the learned counsel for the respondents concur on the position that the detention is only at the instance of the DGFT. There is, admittedly, no extension of the same thereafter. The retention of the following consignments now has no support in law whatsoever, and the same shall be released within a period of two weeks from today. The details of consignments are as follows:
SL Bill of Lading Nos. Content Container Import BOE Gross No. No. Weight in MTs 1 F17W200151/ 304 HLBU127161 5055/24 15.726 3 01 Mar 17 DRM Apr 17 2 F17W200179/ 304 BSIU402359 5051/24 15.726 4 01 Mar 17 DRM Apr 17 3 F17W200180/ 304 HLXU521281 5053/24 15.726 1 06 Mar 17 DRM Apr 17 4 F17W200173/ 570 PGTU415734 5050/24 14.874 4 01 Mar 17 BAG Apr 17
5 F17W200128/ 175 TRLU861592 5054/24 15.668 4 01 Mar 17 DRM Apr 17 6 F17W200181/ 304 FSCU459950 4950/21 15.726 8 01 Mar 17 DRM Apr 17
3. List on 26.02.2020 under the caption 'for compliance'.
2. The original of the order of release dated 24.02.2020 is handed over to the learned counsel for the petitioner in Court today.
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3. In spite of the order, the consignments have not been released for reasons as communicated in letter bearing No.5-3/SZ/2019-20 dated 20.02.2020 from the Office of the Deputy Drugs Controller (I), Central Drugs Standard Control Organization, South Zone to the effect that, after inspection, it was observed that the shelf life of one consignment had expired and the remaining consignments were not fit for pharmaceutical use.
4. When this is put to the petitioner, the Court is assured that the contents of the consignment that has expired is liable to be destroyed and the contents of the remaining consignments will be put to appropriate use, strictly in in accordance with the prescription of law and all applicable rules and guidelines, such that public health and safety is maintained. This is recorded.
5. With this, the writ petitions are closed as nothing further survives therein. Consequently, connected miscellaneous petitions are closed. No costs.
26.02.2020 Index : Yes/No Speaking Order/Non speaking Order ska Note: Issue on 27.02.2020.
To
1.The Development Commissioner Ministry of Commerce & Industry, Office of the Development Commissioner (MEPZ-SEZ) G.S.T. Road, Tambaram Chennai-600 045
2.The Deputy Commissioner of Customs (MEPZ-SEZ) G.S.T. Road, Tambaram Chennai-600 045 http://www.judis.nic.in 4/6 W.P.No.11799 & 31706 of 2019
3.The Joint Director General of Foreign Trade Ministry of Commerce & Industry, Govt. of India 4-5 Floor, Shastri Bhavan Annex 26, Haddows Road, Chennai-600 006
4.Zonal Addl. Director General of Foreign Trade & Appellate Authority Ministry of Commerce & Industry, Govt. of India 4-5 Floor, Shastri Bhavan Annex 26, Haddows Road, Chennai-600 006
5.M/s. Scope Ingredients Pvt. Ltd., Rep. by its Director Sachin Jain, No.19, Marshall Road, S-10, 2nd Floor, Egmore, Chennai-600 008
6.The Inspector of Police, CBI/ACB/Chennai
7.The Joint Director General of Foreign Trade Ministry of Commerce, Govt. of India 4th 5th Floor, Shastri Bhavan Annex 26, Haddows Road, Chennai-600 006
8.Zonal Addl. Director General of Foreign Trade & Appellate Authority Ministry of Commerce, Govt. of India 4th 5th Floor, Shastri Bhavan Annex 26, Haddows Road, Chennai-600 006
9.The Inspector of Police, CBI/ACB/Chennai http://www.judis.nic.in 5/6 W.P.No.11799 & 31706 of 2019 DR. ANITA SUMANTH, J.
ska Writ Petition No.11799 & 31706 of 2019 W.M.P.No.19443 & 12019 of 2019 & 5313 of 2020 26.02.2020 http://www.judis.nic.in 6/6