IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 16-06-2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.14006 of 2011 and M.P.No.1 of 2011 M/s.Priyam Enterprises, Tandanpuri Colony, Bathua Road, Mirzapur, U.P.231 001, India, Rep. By its Proprietor, Mr.Shyamji Tiwari .. 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 118 units of secondhand Digital Multifunction Print and Copying Machines forming the subject matter, vide Bill of Entry No.3591200, dated 24.5.2011, enhanced C.I.F. of Rs.19,10,304/-, under Free import as secondhand capital goods as provided under 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 notification issued by the 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.P.Jagadeesan For Respondents : Mr.T.R.Senthilkumar (R1 and R2) Mr.M.Krishnan (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.
csh
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