The Madurai High Court directed the Additional Commissioner of Customs to complete adjudication of seized goods within six weeks to facilitate provisional release pending final proceedings.
Directed the second respondent to complete adjudication proceedings within six weeks from the date of receipt of the order's copy.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.11.2024
CORAM
THE HON'BLE MR.JUSTICE K.KUMARESH BABU
W.P.(MD)No.20156 of 2024
Ahamed Irfan
... Petitioner
Vs
1.The Commissioner of Customs, No.1, Williams Road, Cantonment, Tiruchirapalli, Tamil Nadu – 620 001.
2.The Additional Commissioner of Customs, No.1, Williams Road, Cantonment, Tiruchirapalli, Tamil Nadu – 620 001.
3.The Superintendent of Customs, Air Intelligence Unit, Madurai Airport, Madurai, Tamil Nadu – 625 022. ...Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in File No.GEN/ADJ/ADC/1276/2024-ADJN, dated 22.07.2024 on the file of the 2nd respondent and quash the same and consequently direct the 2nd respondent herein to release the gold chain weighing 150.83 grams and 5 nos of new I-Phones in O.R.10/2024-AIU, Madurai, dated 10.04.2024 by provisional release of seized goods pending adjudication under section 110-A of the Customs Act, 1962 within a time bound framed by this Court.
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For Petitioner : Mr.S.Mohammed Azharuddin For Respondents : Mr.N.Dilip Kumar Standing Counsel
ORDER
When the matter was taken up for hearing today, this Court has called upon the learned Standing Counsel appearing for the respondents as to why the circular dated 16.08.2017, be followed in the present circumstances of the case and release the goods.
2.The learned Standing Counsel appearing for the respondents would submit that the said procedure would itself take two weeks and given undertaking that adjudication process itself can be completed within a period of six weeks and therefore, he requested this Court to record the statement and direct the second respondent to adjudicate the confiscation proceedings within a time frame.
3.Considering the statement made by the learned Standing Counsel appearing for the respondents, this Court is also inclined to direct the second respondent to complete the adjudication process within a period of six weeks from the date of receipt of a copy of this order.
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4.With the above said directions, this writ petition stands disposed of. There shall be no order as to costs.
13.11.2024
NCC : Yes/No Index : Yes/No Internet: Yes/No RJR
Note: Issue order copy on 14.11.2024
To
1.The Commissioner of Customs, No.1, Williams Road, Cantonment, Tiruchirapalli, Tamil Nadu – 620 001.
2.The Additional Commissioner of Customs, No.1, Williams Road, Cantonment, Tiruchirapalli, Tamil Nadu – 620 001.
3.The Superintendent of Customs, Air Intelligence Unit, Madurai Airport, Madurai, Tamil Nadu – 625 022.
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K.KUMARESH BABU , J.
RJR
W.P.(MD)No.20156 of 2024
13.11.2024
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1 issue framed by the court
Whether the Additional Commissioner of Customs should be directed to adjudicate confiscation proceedings within a specific time frame to enable provisional release of seized goods.
2 provisions across 2 enactments
Ahamed Irfan
The Commissioner of Customs
The Additional Commissioner of Customs
The Superintendent of Customs, Air Intelligence Unit
K.Kumares Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
