Madras High Court
Rayavarapu Sri Devi vs The Principal Commissioner Of ... on 17 September, 2021
Author: M.Sundar
Bench: M.Sundar
W.P.No.19449 of 2021
and WMP.No.20741 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.09.2021
CORAM
THE HON'BLE Mr.JUSTICE M.SUNDAR
W.P.No.19449 of 2021
and
W.M.P.No.20741 of 2021
Rayavarapu Sri Devi
Wife of E.Subramaniam ....Petitioner
-Vs.-
1. The Principal Commissioner of Customs(Adjudication-Air),
Chennai I Commissionerate,
New Custom House,
Meenambakkam, Chennai 600 027.
2. The Joint Commissioner of Customs (Adjudication-Air),
Chennai I Commissionerate,
New Custom House,
Meenambakkam, Chennai 600 027.
3. Office of the Principal Commissioner (RA) &
Ex-Officio Additional Secretary to the Government of India,
8th Floor, Centre-1, World Trade Centre,
Cuffe Parade, Mumbai 400 005. .. Respondents
(3rd respondent is suo-motu impleaded by this Court
vide this order dated 17.09.2021 in captioned W.P.No.19449 of 2021)
1/6
https://www.mhc.tn.gov.in/judis/
W.P.No.19449 of 2021
and WMP.No.20741 of 2021
Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, to direct the 2nd Respondent to
implement the Order-in-Appeal Airport.Cus.I.No.206/2020 dated
20.08.2020 passed by the Commissioner of Customs (Appeals), Chennai.
For Petitioner : Mr.Hari Radhakrishnan
For Respondents : Mr.H.Siddarth,
Junior Panel Counsel
******
ORDER
Mr.Hari Radhakrishnan, learned counsel on record for writ petitioner and Mr.H.Siddarth, learned Junior panel counsel who accepts notice on behalf of both the respondents are before this Virtual Court.
2. After some arguments, it unfurled that the entire matter turns on a narrow compass and therefore, the main writ petition was taken up with the consent of learned counsel on both sides.
3. Before proceeding further, there is no disputation or disagreement that the revisions qua impugned order filed by both the passenger (writ petitioner) and Customs Department (respondent) are now pending before 2/6 https://www.mhc.tn.gov.in/judis/ W.P.No.19449 of 2021 and WMP.No.20741 of 2021 the Principal Commissioner (RA) & Ex-Officio Additional Secretary to the Government of India, having office at 8th Floor, Centre-1, World Trade Centre, Cuffe Parade, Mumbai 400 005.
4. Therefore, aforementioned statutory Revisional Authority namely, Principal Commissioner (RA) & Ex-Officio Additional Secretary to the Government of India, 8th Floor, Centre-1, World Trade Centre, Cuffe Parade, Mumbai 400 005, is suo-motu impleaded as third respondent.
5. The short point shorn of elaboration is, the writ petitioner who is a holder of Malaysian Passport was intercepted by the Customs officials at the time of departure in Chennai Anna International Airport and it is alleged that foreign currencies were recovered from the hand baggage and checked in baggage. It is not necessary to dilate further on facts and suffice to say that this culminated in an order dated 20.08.2020, made by the Commissioner of Customs (Appeals-I), Chennai. The writ petitioner- passenger and the respondent-Customs Department have filed statutory revisions under Section 129DD of the 'Customs Act, 1962' [hereinafter 3/6 https://www.mhc.tn.gov.in/judis/ W.P.No.19449 of 2021 and WMP.No.20741 of 2021 'said Act' for the sake of convenience and brevity] and this Court is informed by both sides without any disputation or disagreement that both the revisions are pending.
6. Learned counsel for writ petitioner contends that he is ready to pay redemption fine and penalty as ordered by the Appellate Authority and he should be permitted to redeem the seized alleged contraband.
7. Learned Revenue counsel submits that the Revenue is also in revision and therefore, it is only appropriate that this is done, if that be so, after a call is taken on the stay petition.
8. Learned counsel for writ petitioner, in response to this, submitted that no stay has been granted and unless the stay petition is decided one way or the other, the dead lock cannot be resolved. The stay petition is pending before the Revisional Authority (third respondent) is the common say of both sides.
9. Third respondent is directed to dispose of the stay petition as expeditiously as his business would permit and in any event, within three weeks from today i.e., on or before 08.10.2021 on its own merits and in 4/6 https://www.mhc.tn.gov.in/judis/ W.P.No.19449 of 2021 and WMP.No.20741 of 2021 accordance with law. Though obvious, it is made clear that this Court has not expressed any opinion or view on the merits of the matter in this order.
10. Captioned Writ Petition and Writ Miscellaneous Petitions are disposed of, with the above directives to the impleaded third respondent.
11. Registry to ensure that necessary and consequential amendments in the case file (owing to suo-motu impleading of third respondent) are carried out before issue of order copy and uploading of this order in the website. A copy of this order shall also be sent to the impleaded third respondent forthwith by the Registry. This course is adopted as this order does not in any way prejudice third respondent as it only directs that the disposal of stay petition be expedited. There shall be no order as to costs.
17.09.2021 Speaking/Non-speaking order Index: Yes/No Internet : Yes/No mk M.SUNDAR.J., mk 5/6 https://www.mhc.tn.gov.in/judis/ W.P.No.19449 of 2021 and WMP.No.20741 of 2021 To
1. The Principal Commissioner of Customs(Adjudication-Air), Chennai I Commissionerate, New Custom House, Meenambakkam, Chennai 600 027.
2. The Joint Commissioner of Customs (Adjudication-Air), Chennai I Commissionerate, New Custom House, Meenambakkam, Chennai 600 027.
W.P.No.19449 of 2021
and W.M.P.No.20741 of 2021 17.09.2021 6/6 https://www.mhc.tn.gov.in/judis/