Disposed

Smt.Faridha Banu v. Principal Commissioner of

Madras HC4 Jul 2018WP/7290/2017

Case brief

AI extract

What is this about?

The High Court directed the Joint Secretary, Ministry of Finance, to dispose of specific revision applications under the Customs Act expeditiously within three months after hearing, as return of seized gold was contingent on these revisions' outcome.

What did the court decide?

Direction to the Joint Secretary to dispose of Revision Applications Nos.51 and 60 of 2016 within three months after personal hearing.

Smt.Faridha Banu Vs Principal… — Constitutional and Fundamental Rights | Madras HC (2018)

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In the High Court of Judicature at Madras

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Dated : 04.07.2018

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Coram :

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The Honourable Mr.Justice T.S.SIVAGNANAM

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Writ Petition Nos.7290 and 7291 of 2017 and WMP.Nos.7943 and 7944 of 2017

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Smt.Faridha Banu ...Petitioner
in W.P.No.7290/2017
Hakkullah Abdul Kather ...Petitioner
in W.P.No.7291/2017
Vs
1.Principal Commissioner of Customs (I)
New customs House, GST Road
Meenambakkam
Chenani – 600 027
2.Assistant Commissioner of Customs
(Airport) Anna International Airport
New customs House, GST Road
Meenambakkam
Chenani – 600 027
Tamil Nadu ...Respondents
in both the petitions

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Prayer in W.P.No.7290 of 2017:Writ petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to return three numbers of gold cut bars and one small gold piece totally weighing 661 grams and valued at Rs.17,82,056/-, pursuant to the order of the Commissioner of Customs (Appeal-I) in order-inappeal C.Cus-I No.18/2016 dated 29.01.2016 on payment of redemption fine of Rs.4,00,000/- and personal penalty of Rs.1,75,000/- for re-export.

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Prayer in W.P.No.7291 of 2017:Writ petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to return the gold chain weighing 45 grams and valued at 1,11,424, pursuant to the order of the Commissioner of Customs (Appeal-I) in Order in Appeal C.Cus-1 No.129 of 2016 dated 29.02.2016 on payment of

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https://hcservices.ecourts.gov.in/hcservices/

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appropriate duty, redemption fine of Rs.30,000/- and personal penalty of Rs.12,000/-.

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For Petitioner : Mr.P.Satish Sundar

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For Respondents :Mr.V.Sundareswaran Senior Panel Counsel

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COMMON ORDER

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Heard Mr.S.Satish Sundar, learned counsel for the petitioners and Mr.V.Sundareswaran, learned Senior Panel Counsel appearing for the respondents.

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The petitioners have been filed these writ petitions seeking a direction to the respondents to return three numbers of gold cut bars and one small gold piece, totally weighing 661 grams and valued at Rs.17,82,056/- and a gold chain weighing 45 grams and valued at Rs.1,11,424/-, pursuant to the orders of the Commissioner of Customs (Appeal-I) in order-in-appeal C.Cus-I No.18/2016 dated 29.01.2016 and C.Cus-1 No.129 of 2016 dated 29.02.2016 respectively, on payment of redemption fine and personal penalty for re-export.

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Though such a relief has been sought for by the petitioner, learned counsel, on instruction, submitted that as against the order in Appeals dated 29.01.2016 and 29.02.2016, the first respondent has filed revisions before the Joint Secretary (Revision Application), Ministry of Finance, Department of Revenue, New Delhi, in Review Application Nos.51 and 60 of 2016 under Section 129 DD of the Customs Act, 1962 and since an officer has been appointed to the said post, who is regularly dealing with the revision applications and as of now revisions filed in the year 2015-16 are being heard, a direction may be issued to the said Authority to expedite the disposal of the revision applications. The prayer made by the petitioner is not resisted by the Revenue.

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Hence, considering the submission made by the learned counsel for the petitioner, there will be a direction to the Joint Secretary to dispose of the Revision Applications Nos.51 and 60 of 2016, after affording an opportunity of personal hearing to the representative of the Department as well as to the writ petitioners or their authorized agent, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order.

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https://hcservices.ecourts.gov.in/hcservices/

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The writ petitions are disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.

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Sd/Assistant Registrar(CS IX) //True Copy//

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Sub Assistant Registrar
gpa/msrm
To
1.The Principal Commissioner of Customs (I)
New customs House, GST Road
Meenambakkam
Chenani – 600 027
2.The Assistant Commissioner of Customs
(Airport) Anna International Airport
New customs House, GST Road
Meenambakkam
Chenani – 600 027
Tamil Nadu
Copy to
The joint Secretary(Revision Application),
Ministry of Finance, Department of Revenue,
New Delhi.
+1cc to Mr.V.Sundareswaran, Advocate, S.R.No.43502
Writ Petition Nos.7290 and 7291 of 2017
and WMP.Nos.7943 and 7944 of 2017
KS(CO)
GSP(16/07/2018)

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https://hcservices.ecourts.gov.in/hcservices/

Smt.Faridha Banu v. Principal Commissioner of

Case brief

What is this about?

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Smt.Faridha Banu v. Principal Commissioner of

Case brief

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