Customs authorities appealed a single Judge's provisional release order. During pendency, final adjudication was passed, contempt proceedings led to the order being acted upon, and goods were returned to the writ petitioner. The Division Bench found nothing survived and closed the writ appeal as infructuous, with no costs.
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W.A.(MD)No.410 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.02.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
AND
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.A(MD)No.410 of 2022 and C.M.P(MD)No.4139 of 2022
1.The Commissioner of Customs, Custom House, New Harbour Estate, Tuticorin – 628 004.
2.The Assistant Commissioner of Customs (Exports), Custom House, New Harbour Estate, Tuticorin – 628 004.
3.The Assistant / Deputy Commissioner of Customs (SIIB), Custom House, New Harbour Estate, Tuticorin – 628 004. ... Appellants / Respondents
Vs.
M/s.Gold Processors, Represented by its Proprietor Adhishek Dhawan, Plot No.85, Pritam Singh Nagar,
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W.A.(MD)No.410 of 2022
Bhamian Kalan, Ludhiana – 141 008, Punjab. ... Respondent / Petitioner
Prayer: Writ Appeal filed under Clause 15 of Letters Patent Act to set aside the impugned orders passed in W.P(MD)No.12925 of 2021 dated 29.07.2021.
For Appellants : Mr.N.Dilip Kumar For Respondent : Mr.A.K.Jayaraj
JUDGMENT
Heard both sides.
2.Questioning the provisional release order passed by the learned
single Judge, this appeal has been filed by the Commissioner of Customs. During the pendency of this Writ Appeal, certain developments had taken place. The authority had passed final adjudication order. It appears that following the institution of contempt proceedings, the impugned order had been acted upon after the writ petitioner executed a bond. Goods had also been returned to the writ petitioner. In these circumstances, it is for the parties to work out their rights as per law.
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W.A.(MD)No.410 of 2022
3.This Writ Appeal is closed as infructuous. No costs.
Consequently, connected miscellaneous petition is closed.
[G.R.S., J.] [M.J.R., J.] 18.02.2025 2/2
NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA
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W.A.(MD)No.410 of 2022
G.R.SWAMINATHAN,J.
AND M.JOTHIRAMAN, J.
MGA
W.A(MD)No.410 of 2022
18.02.2025 2/2
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1 issue framed by the court
Whether the writ appeal against the single Judge's provisional release order remained maintainable after final adjudication and return of goods.
The Commissioner of Customs, Tuticorin
The Assistant Commissioner of Customs (Exports), Tuticorin
The Assistant / Deputy Commissioner of Customs (SIIB), Tuticorin
M/s.Gold Processors, represented by its Proprietor Adhishek Dhawan
G.R.Swaminathan
M.Jothiraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
