Petitioner challenged an order regarding seized goods of Unflavoured Supari. Court quashed the order as it ignored a prior order dated 08.02.2022 and remanded the case to pass a fresh order within 30 days after hearing the petitioner.
Impugned order quashed and matter remanded to respondents to pass fresh order within 30 days.
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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
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/10/30/2021Adjn, DIN -20220281OH00008183E7, SCN No.36/2021, dated 05.10.2021/ https://hcservices.ecourts.gov.in/hcservices/ in File C.No.VIII/48/11/2021-SIIB, passed by the second respondent
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W.P(MD).No.6871 of 2022
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)” and 540 bags 27 MTS of “Unflavoured Supari (Split Betelnut Product)” of Myanmar Origin Unflavored 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.
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petitioner shall be heard. The petitioner is given liberty to make additional submissions, if any. No costs. Consequently, the connected miscellaneous petitions are closed.
Sd/-
Assistant Registrar
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
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. +1 CC to M/s.A.K.JAYARAJ, Advocate ( SR-20968[F] dated 25/04/2022 ) ORDER MADE IN W.P(MD).No.6871 of 2022 22.04.2022 PKP/12.05.2022/3P/6C
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2 issues framed by the court
Whether the impugned order passed ignoring the court order dated 08.02.2022 should be quashed and case remanded?
Whether to pass a fresh order after considering the petitioner petitions?
Colour shows how this judgement treated each authority
M/s.Unik Traders Vs The Additional Commissioner of Cutoms and othersReferred¶24
M/s.Unik Traders Vs The Additional Commissioner of Cutoms and others
M/s.Deepam International
Mrs.Seema Devi Verma
The Commissioner of Customs, Custom House, New Harbour Estate, Tuticorin
The Joint Commissioner of Customs, Office of the Commissioner of Customs, Custom House, Tuticorin
The Assistant Commissioner of Customs (Import-Assessment), Group-1, Custom House, New Harbour Estate, Tuticorin
The Assistant/Deputy Commissioner of Customs (SIIB), Custom House, New Harbour Estate, Tuticorin
C.Saravanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
