IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 21-01-2011
CORAM
THE HONOURABLE MR.JUSTICE M.JAICHANDREN
Writ Petition No.3847 of 2011 and
M.P.No.1 of 2011
1 M/S.NHC ENTERPRISES
PLOT NO.36 OLD JAGRUTI COLONY, NR. FRIENDS
COLONY, KATOL ROAD, NAGPUR M.S. 440013
REP BY ITS PROPRIETOR,
MR. DINESH EKNATH KUMBHARE ..PETITIONER
Versus
1 THE COMMISSIONER OF CUSTOMS
(SEAPORT-EXPORTS) CUSTOM HOUSE, NO. 60
RAJAJI SALAI, CHENNAI- 600 001
2 THE ADDL. COMMISSIONER OF
CUSTOMS (GROUP 7 B), CUSTOM HOUSE, NO. 60
RAJAJI SALAI, CHENNAI 600 001
3 DIRECTOR GENERAL OF FOREIGN
TRADE AND EX-OFFICIO ADDL. SECRETARY TO THE
GOVT. OF INDIA, MINISTRY OF COMMERCE AND
INDUSTRY, DEPT. OF COMMERCE, NEW DELHI. .. RESPONDENTS
Prayer: Petition filed seeking for a Writ of Mandamus, directing the respondents 1 & 2 herein to permit the clearance of the 248 units of the Second Hand Digital Multifunction Print & Copying Machines imported vide Bill of Entry No.774990 dt.9.2.11 enhanced FOB value of US $ 58 190/- under free as Second hand 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 para 2.33 of the Handbook of procedures 2009-14 or any notification issued by the 3rd respondent restricting the import of the said goods U/s.5 read with Sec.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.R.Mahadevan (SCGSC) (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. Consequently, connected miscellaneous petition is closed.
csh To 1 THE COMMISSIONER OF CUSTOMS (SEAPORT-EXPORTS) CUSTOM HOUSE, NO. 60 RAJAJI SALAI, CHENNAI- 600 001 2 THE ADDL. COMMISSIONER OF CUSTOMS (GROUP 7 B), CUSTOM HOUSE, NO. 60 RAJAJI SALAI, CHENNAI 600 001 3 DIRECTOR GENERAL OF FOREIGN TRADE AND EX-OFFICIO ADDL. SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF COMMERCE AND INDUSTRY, DEPT. OF COMMERCE, NEW DELHI