Dismissed

Hyder Ali Noor Mohamed v. The Assistant Commissioner of Customs

Madras HC8 Apr 2021WP/5625/2021

Case brief

AI extract

What is this about?

Petitioner sought to restrain Customs authorities from disposing confiscated gold pending revision. The court recorded the petitioner's intent to move statutory authorities for interim protection and permitted the withdrawal of the writ petition with liberty to approach the Revisional Authority.

What did the court decide?

Writ petition withdrawn with liberty to file stay application before the Revisional Authority.

Hyder Ali Noor Mohamed Vs The Assistant Commissioner of… — Customs and Excise | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.04.2021

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CORAM

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THE HONOURABLE DR. JUSTICE ANITA SUMANTH

W.P. No.5625 of 2021

and

WMP. No.6229 of 2021

Mr.Hyder Ali Noor Mohamed .... Petitioner

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Vs. 1.The Assistant Commisioner of Customs, Prosecution Unit -Air O/o.The Commissioner of Customs, Chennai -I Commissionerate New Custom House, Meenambakkam, Chennai - 600 027. 2.The Assistatant Commissioner of Customs Adjudication -Air O/o.The Commissioner of Customs, Chennai -I Commissionerate New Custom House, Meenambakkam, Chennai - 600 027. 3.The Principal Commissioner (RA) & Ex-Officio Additional Secretary to the Government of India, 8^th Floor, Centre-1, World Trade Centre, Cuffe Parade, Mumbai 400 005. .... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Mandamus to direct the 1^st respondent to restrain from disposing the gold confiscated vide order-in-original No.250/2019-20 dated 20.11.2019 till the disposal of the revision application in F.No.373/150/B/2020-RA, by the 3^rd respondent.

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For Petitioner : Mr.Hari Radhakrishnan

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For Respondents : Mr.J.Vasu 1 and 2 Junior Standing Counsel

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

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O R D E R

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Learned counsel for the petitioner states that the petitioner intends to move the statutory authorities seeking interim protection as indicated by this Court on 09.03.2021 and thus this writ petition is not pursued.

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A memo dated 08.04.2021 is filed to the aforesaid effect, reading as follows:

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'The petitioner had filed writ petition No.5625 of 2021 with a prayer to restrain the 1^st respondent from disposing the gold confiscated vide order-inoriginal No.250/2019 dated 20.11.2019 till the disposal of the revision application filed by the petitioner before the 3^rd respondent. This Hon'ble Court, vide order dated 09.03.2021 held that the revisional authority could grant interim relief and power of stay has to be read into the provisions of Section 129DD of Customs Act, 1962. Accordingly, the petitioner is seeking leave of this Hon'ble Court to withdraw the writ petition with liberty to file a stay application before the 3^rd respondent viz., The Revisional Authority. The writ petition may be permitted to be withdrawn with the above liberty.' 3. Recording the same, this writ petition is closed. Status quo granted by this Court on 09.03.2021 will continue for a period of two (2) weeks from today. Connected Miscellaneous Petition is also closed. No costs.

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Sd/Assistant Registrar (CS III) /TRUE COPY/

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Sub-Assistant Registrar

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rkp To

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1.The Assistant Commisioner of Customs, Prosecution Unit -Air O/o.The Commissioner of Customs,

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Chennai -I Commissionerate New Custom House, Meenambakkam, Chennai - 600 027.

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

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2.The Assistatant Commissioner of Customs Adjudication -Air O/o.The Commissioner of Customs, Chennai -I Commissionerate New Custom House, Meenambakkam, Chennai - 600 027.

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3.The Principal Commissioner (RA) & Ex-Officio Additional Secretary to the Government of India, 8^th Floor, Centre-1, World Trade Centre, Cuffe Parade, Mumbai 400 005.

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+1CC TO MR.J.VASU, ADVOCATE, SR.NO. 22744
W.P. No.5625 of 2021
and
WMP. No.6229 of 2021
GPL(CO)
KKN 26.04.2021

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

Hyder Ali Noor Mohamed v. The Assistant Commissioner of Customs

Case brief

What is this about?

What did the court decide?

Hyder Ali Noor Mohamed v. The Assistant Commissioner of Customs

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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