IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 15-06-2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.13839 of 2011 and M.P.No.1 of 2011 M/s.Arihant Marketing Rep. By its Proprietor Mr.Rajiv Kumar Jain No.7/1, Sukhlal Johari Lane, Banstolla Street, 2nd Floor, Kolkatta-700007. .. Petitioner. Versus 1.The Commissioner of Customs (Seaport-Exports), Custom House, No.60, Rajaji Salai, Chennai-600 001. 2.The Additional Commissioner of Customs, (Group-7B), Custom House, No.60, Rajaji Salai, Chennai-600 001. 3.The Director General of Foreign Trade and Ex-Officio, Additional Secretary to Government of India, Ministry of Commerce and Industry, Department of Commerce, New Delhi. .. Respondents. Prayer: Petition filed seeking for a Writ of Mandamus, directing the first and the second respondents herein to permit the clearance of the 50 units of the secondhand Digital Multifunction Print and Copying Machines vide Bill of Entry No.3142090, dated 6.4.2011, enhanced C&F value of under free as second hand capital goods in terms of para 2.17 read definition under para 9.12 of Foreign Trade Policy 2009-2014, without imposing any restriction in the absence of any specific restriction in Para 2.17 of Foreign Trade Policy and Para 2.33 of Hand Book of Procedures 2009-2014 or any Notification issued by third respondent restricting the import of the said goods under Section 5 read with Section 3(2) of the Foreign Trade (Development and Regulation) Act, 1992. For Petitioner : Mr.N.Viswanathan For Respondents : Mr.T.R.Senthilkumar (R1 and R2) Mr.P.Mahadevan (CGSC) (R3) O R D E R
Heard the learned counsels appearing for the petitioner, as well as the respondents.
2. The learned counsels appearing on behalf of the respondents had submitted that investigations are being carried on, in respect of the import of the Second Hand Digital Multifunction Print and Copying Machines. Thereafter, adjudication proceedings would be held to find out if any irregularities had been committed in the import of such goods. While so, this Court may be pleased to release the goods, if it deems it fit to do so, on the petitioner depositing 40% of the enhanced value, apart from paying the applicable rate of duty on the enhanced value. They had also submitted that the adjudication proceedings could be completed by the respondents, within a period of 15 days from the time of its commencement.
3. In view of the several orders passed by this Court, directing the respondents to release the goods in question, on certain conditions, and as the submissions made by the learned counsels appearing on behalf of the respondents have not shown any new grounds, for the modification of the earlier orders passed, in similar matters, this Court finds it fit to direct the respondents to release the goods in question, with similar conditions.
4. It is also seen that the conditions imposed by this Court, in its earlier orders, had been confirmed by a Division Bench, in its order, dated 21.10.2009, made in W.A.No.1508 of 2009 (THE COMMISSIONER OF CUSTOMS (IMPORTS), SEAPORT, CHENNAI AND ANOTHER Vs. M/S.POLYCRAFT EXPORTS (P) LTD., AND ANOTHER). Thereafter, orders have been passed in several writ petitions, including the order, dated 2.12.2010, in W.P.Nos.26964 and 27146 of 2010, directing the release of the detained goods, without any modification of the conditions impugned in the earlier orders.
5. In such circumstances, this writ petition is disposed of, directing the petitioner to deposit 25% of the enhanced value, apart from paying the applicable rate of duty on the enhanced value. On complying with the above said conditions, the respondents are directed to release the goods, in question, forthwith, with liberty to the respondents to proceed further, with the adjudication proceedings, in accordance with law. The petitioner shall co-operate, fully, in the adjudication proceedings to be conducted by the respondents. No costs. Connected M.P.No.1 of 2011 is closed.
Index:Yes/No 15-06-2011
Internet:Yes/No
csh
Note to Office:
Issue copy of the order by 15-06-2011
To
1.The Commissioner of Customs (Seaport-Exports),
Custom House, No.60, Rajaji Salai,
Chennai-600 001.
2.The Additional Commissioner of Customs, (Group-7B),
Custom House, No.60, Rajaji Salai,
Chennai-600 001.
3.The Director General of Foreign Trade
and Ex-Officio,
Additional Secretary to Government of India,
Ministry of Commerce and Industry,
Department of Commerce, New Delhi.
Issue on 15-06-2011
M.JAICHANDREN,J.
csh
Writ Petition No.13839 of 2011
15-06-2011