IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.1.2011
CORAM
THE HON'BLE MR.JUSTICE M.JAICHANDREN
Writ Petition No.1102 of 2011
and
M.P.No.1 of 2011
M/s.NHC ENTERPRISES,
REP.BY ITS PROPRIETOR MR.DINESH
EKNATH KUMBHAE, PLOT NO.36,
JAGRUTI COLONY, KATOLA ROAD,
NAGPUR 440 013 PETITIONER
Vs
1 THE COMMISSIONER OF CUSTOMS
(SEAPORT-IMPORTS),
CUSTOM HOUSE,
NO.60, RAJAJI SALAI,
CHENNAI-600 001.
2 THE ADDITIONAL COMMISSIONER OF
CUSTOMS, GR.7B, CUSTOMS 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
Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the 1st and 2nd Respondents herein to Release the goods viz. 123 Units of Old & Used Digital Multifunction Print & Copying Machines, imported vide Bill of Entry No.738274, dated 04.01.2011, under Free as Second Hand Capital goods in terms of Para 2.17 read with Definitions under 9.12 of Foreign Trade Policy 2009-2014 without imposing any restriction in the absence of specific restriction in Para 2.17 of Foreign Trade Policy and in Para 2.33 of Hand Book of Procedures 2009-2014 and any Notification by the 3rd Respondent.
For petitioner : Mr.A.K.Jayaraj
For respondents : Mr.T.R.Senthilkumar
for R1 and R2
Mr.R.Atchuthen
Central Government Standing
counsel
for R3
O R D E R
Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents 1 and 2, as well as the learned Central Government Standing Counsel appearing for the 3rd respondent.
2. The learned counsels appearing for both sides had submitted that the issue involved in this writ petition is covered by the judgment of this Court, dated 2.12.2010, in W.P.No.26964 of 2010, wherein, this Court, following the earlier order passed by the Division Bench of this Court, 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), had directed 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, with liberty to the respondents to proceed further, in accordance with law.
3. Hence, following the order passed by this Court, on 2.12.2010, in W.P.No.26964 of 2010, the 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, with liberty to the respondents to proceed further, in accordance with law. No costs. Connected M.P.No.1 of 2011 is closed.
arr
To:
1 THE COMMISSIONER OF CUSTOMS
(SEAPORT-IMPORTS),
CUSTOM HOUSE,
NO.60, RAJAJI SALAI,
CHENNAI-600 001.
2 THE ADDITIONAL COMMISSIONER OF
CUSTOMS, GR.7B, CUSTOMS 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