M/S.N.C.Alexander Vs Commissioner of Customs, Chennai II

Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus Mandamus directing the respondents, more particularly the 3rd respondent to implement the order of the Commissioner of Customs (Appeals-II) in Order in Appeal Seaport.C.CUS.II No.1249/2024 dated 20.12.2024 and cause release of the container and the goods imported vide Bills of Entry Nos.6592074

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W.P. No.4205 of 2025

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dated 26.06.2023 and 8838798 dated 20.11.2023 pertaining to import of apples of various grades and counts from Turkey vide the above referred Bill of Entry pending clearance, in terms of the orders of the Hon'ble Apex Court in SLP (Civil) Diary No(s). 6433/2024 dated 23.02.2024, read with and SLP (Civil) Diary No(s). 5159/2024 dated 17.05.2024 and further extended by order dated 09.07.2024 till the next date of hearing on 27.08.2024, SLP (Civil) Diary No(s). 5159/2024 dated 30.09.2024 and further direct the respondents to issue a Demurrage/Detention Waiver Certificate for the complete period of detention in terms of Regulation 6(1)(I) of the Handling of Cargo in Customs Areas Regulations, 2009 read with Regulation 10(1)(I) of the Sea Cargo Manifest and Transshipment Regulations, 2018 and ensure that the same is implemented.

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For Petitioner : Dr.S.Krishnanandh

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For Respondents : Mr.K.Umesh Rao, Senior Standing Counsel

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ORDER

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This writ petition has been filed for a Mandamus seeking for a

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direction to the third respondent to implement the order of the Commissioner of Customs (Appeals-II) in Order in Appeal Seaport.C.CUS.II No.1249/2024 dated 20.12.2024 and cause release of the container and the goods imported vide Bills of Entry Nos.6592074 dated 26.06.2023 and 8838798 dated 20.11.2023.

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2.According to the petitioner, till date, the aforesaid order has not been implemented by the third respondent.

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3.A Memo has been filed by the learned counsel for the petitioner

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and countersigned by the petitioner stating that imported goods, i.e. 'fresh apples' had become rotten and decayed and had also become unfit for use and therefore, the same will have to be destroyed. In the Memo, the petitioner has stated that the destruction of decayed and rotten apples shall be done in the presence of the concerned Authorities responsible to the office of the respondents. The petitioner has also stated in the Memo that for issuance of detention certificate for waiver of demurrage and container detention charges, the petitioner shall make a representation before the concerned Authorities on the basis of the order of the Commissioner of Customs (Appeals-II) dated 20.12.2024, which the petitioner seeks for implementation.

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4.Learned Senior Standing Counsel appearing for the respondents would submit that the first respondent/Commissioner of Customs (Appeals-II) in Order in Appeal dated 20.12.2024 has accepted the release of container and the said order has now attained finality. He https://www.mhc.tn.gov.in/judis 3/6

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would submit that once the goods imported by the petitioner are destructed by the petitioner, the order dated 20.12.2024 passed by the Commissioner of Customs (Appeals-II) automatically gets implemented.

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5.Since the petitioner has filed a Memo before this Court dated 28.02.2025 undertaking to destruct the goods in the presence of the officials of the respondents, the petitioner is permitted to destruct the goods within a period of one week from the date of receipt of a copy of this order. In the presence of the officials of the respondents, once the goods are destructed, the order dated 20.12.2024 passed by the Commissioner of Customs (Appeals-II) gets implemented.

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6.Insofar as the request for waiver of demurrage and container detention charges sought for by the petitioner is concerned, the petitioner shall give a representation to the third respondent for the said purpose within a period of one week. If the goods are destructed and on receipt of the said representation, the third respondent shall consider the same, on merits and in accordance with law in the light of the order dated 20.12.2024 passed by the Commissioner of Customs (Appeals-II) as well as this order and release the containers to the petitioner.

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7.With the above directions, this writ petition is disposed of. No

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costs.

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14.03.2025

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Index: Yes/No vga Note: Issue order copy on 17.03.2025

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To

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1.Commissioner of Customs, Chennai II, Commissionerate, Custom House, No.60, Rajaji Salai, Chennai - 600 001.

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2.Additional Commissioner of Customs (Group 1), Office of the Commissioner of Customs, Chennai II (Imports), No.60, Rajaji Salai, Chennai - 600 001.

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3.Assistant/Deputy Commissioner of Customs (Group 1), Office of the Commissioner of Customs, Chennai II (Imports), No.60, Rajaji Salai, Chennai - 600 001.

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ABDUL QUDDHOSE, J.

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vga

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