M/s.Sj Impex Vs The Principal Commissioner of customs (Sez- Ftwz)

Writ petition is filed under Article 226 of the Constitution of India seeking for issuance of a writ of mandamus to direct the 1st and 2nd respondent herein to ensure the compliance of the order dated 30.06.2025, passed by the 3rd Respondent /DRI, Delhi ,granting detention and demurrage waiver Certificate, in terms of Regulation 6 (1) (1) of Handling of cargos in Customs Area Regulations, 2009 and Regulation 10 (1) (1) of the Sea Cargo Manifest and Transshipment Regulations, 2018, Concerning the goods, covered under (1) warehouse Bill of Entry No.7760361 dated 13.01.2025, Container No.EISU9336974 (2) warehouse Bill of Entry No. 7799376 dated 15.01.2025, Container No .IAAU1953830 (3) warehouse Bill of Entry No.7689452 dated 09.01.2025 Container No.Whsu 5213345 and also by Considering the representation of the petitioner dated 11.08.2025, concerning the, the movement the subject import consignment, presently detained, from the chennai Port to SEZ- FTWZ unit, Viz., M/s.NDR Infrastructure Pvt.Ltd., Ponneri Taluk, Thiruvallur Ditsrict.

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For Petitioner(s): Mr.S.Baskaran For Respondent(s): Mr.M.Santhanaraman,SPC Mr.T.Nalinidhar,JSC For R1 & R2 Mr.Rajendran Raghavan,SPC For R3

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ORDER

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This writ petition has been filed seeking for a direction to the respondents

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1 and 2 to ensure compliance of the order dated 30.06.2025 passed by the third respondent granting detention and demurrage waiver certificate in favour of the

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petitioner for the subject Bills of Entry morefully described in the prayer to this writ petition, within a time frame to be fixed by this Court.

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The petitioner claims that eventhough detention certificate was issued by the third respondent for the subject Bills of Entry as early as on 30.06.2025 itself, the respondents 1 and 2 are yet to comply with the same. The petitioner had given a representation on 11.08.2025 to the respondents 1 and 2 seeking for implementation of the detention certificate dated 30.06.2025 issued by the third respondent. Since the same has not been considered till date, the petitioner has filed this writ petition.

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Mr.T.Nalinidhar, learned JPC, accepts notice on behalf of the respondents 1 and 2; and Mr.Rajendran Raghavan, learned SPC, accepts notice on behalf of the third respondent.

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The petitioner has filed a copy of the detention certificate dated 30.06.2025 issued by the third respondent for the Bills of Entry morefully described in the prayer to this writ petition, through which, the petitioner had imported the subject goods. The petitioner had given a representation dated 11.08.2025 to the respondents 1 and 2 for implementation of the detention certificate dated 30.06.2025 issued by the third respondent.

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The learned standing counsel for the respondents 1 and 2 submits that

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the said representation given by the petitioner is not available in the records of the respondents 1 and 2, and therefore, the petitioner will have to give a fresh representation. The learned counsel for the petitioner on instructions submits that the petitioner is willing to submit a fresh representation to the respondents 1 and 2 requesting to implement the detention certificate dated 30.06.2025 issued by the third respondent.

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No prejudice will be caused to the respondents 1 and 2 if the fresh representation to be submitted by the petitioner is considered on merits and in accordance with law, within a time frame to be fixed by this Court. Accordingly, this writ petition is disposed of in the following manner:-

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(a) The petitioner is directed to submit a fresh representation to the respondents 1 and 2 seeking compliance of the order dated 30.06.2025 passed by the third respondent granting detention and demurrage waiver certificate in favour of the petitioner for the Bills of Entry morefully described in the prayer to this writ petition, within

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a period of one week from the date of receipt of a copy of this order.

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(b) On receipt of such representation from the petitioner,

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the respondents 1 and 2 shall pass final orders, on merits

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WP No. 4804 of 2026