IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 14-02-2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.3379 of 2011 and M.P.No.1 of 2011 M/s.Dipesh Copy Centre, Rep. By its Proprietor Mr.Premjibhai D.Patel, 8, Ayambil Bhuvan, Opp. Bank of Baroda, Manchubhai Road Malad (E), Mumbai-400 097. .. Petitioner. Versus 1.The Commissioner of Customs (Seaport-Exports), Custom House, No.60, Rajaji Salai, Chennai-600 001. 2.The Additional Commissioner of Customs, Gr.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 release the goods viz., 210 Units of Old and Used Digital Multifunction Print and Copying Machines, imported vide Bill of Entry No.769068, dated 3.2.2011, under free as secondhand capital goods in terms of para 2.17 read with definition under para 9.12 of the Foreign Trade Policy of 2009-14, without imposing any restriction in the absence of any specific restriction in Para 2.17 of the policy and 2.33 of the Handbook of procedures 2009-14, and any notification by third respondent. For Petitioner : Mr.A.K.Jayaraj For Respondents : Mr.T.R.Senthilkumar (R1 and R2) Mr.N.Gopikrishnan (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 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. Consequently, connected miscellaneous petition is closed.
Index:Yes/No 14-02-2011
Internet:Yes/No
csh
Note to Office:
Issue copy of the order by 14-02-2011
To
1.The Commissioner of Customs (Seaport-Exports),
Custom House, No.60, Rajaji Salai,
Chennai-600 001.
2.The Additional Commissioner of Customs, Gr.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 14.2.2011
M.JAICHANDREN,J.
csh
Writ Petition No.3379 of 2011
14-02-2011