Sunday, 17, May, 2026
 
 
 
Expand O P Jindal Global University
 
  
  
 
 
 

M/S.Travancore Solvents & Oils vs The Commissioner Of Customs
2022 Latest Caselaw 691 Mad

Citation : 2022 Latest Caselaw 691 Mad
Judgement Date : 12 January, 2022

Madras High Court
M/S.Travancore Solvents & Oils vs The Commissioner Of Customs on 12 January, 2022
                                                                          W.P.(MD)No.22788 of 2021

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 12.01.2022

                                                      CORAM:

                                  THE HONOURABLE MR.JUSTICE M.SUNDAR

                                               W.P.(MD)No.22788 of 2021
                                                         and
                                          W.M.P(MD).No.19248 of 2021


                     M/s.Travancore Solvents & Oils,
                     Rep. by its Proprietor,
                     VI/260(20), IInd Floor,
                     Palmlands Buildings,
                     Bank Junction, Aluva,
                     Ernakulam – 683 101,
                     Kerala State.                                             : Petitioner


                                                         Vs.


                     1. The Commissioner of Customs,
                        Custom House, New Harbour Estate,
                        Tuticorin – 628 004.

                     2. The Joint Commissioner of Customs,
                        Custom House, New Harbour Estate,
                        Tuticorin – 628 004.

                     3. The Assistant Commissioner of Customs (SIIB),
                        Custom House, New Harbour Estate, Tuticorin – 628 004.
https://www.mhc.tn.gov.in/judis

                     1/26
                                                                               W.P.(MD)No.22788 of 2021



                     4. The Superintendent of Customs.
                        Special Intelligence and Investigation Branch (SIIB),
                        Custom House, New Harbour Estate,
                        Tuticorin – 628 004.                                  : Respondents

                     PRAYER: Writ Petitions filed under Article 226 of the Constitution of
                     India for issuance of Writ of Mandamus directing the respondents 1 to 3
                     to release forthwith the petitioner's consignment of imported Black
                     Pepper under Bill of Entry No.4656562 dated 13.07.2021.


                                       For Petitioner   : Mr.Isaac Mohanlal,
                                                         Senior Advocate
                                                         Assisted by Mr.K.Ragatheesh Kumar,
                                                         for M/s.Isaac Chambers (Law Firm)
                                       For Respondents : Mr.B.Vijay Karthikeyan,
                                                         Senior Standing Counsel for Customs
                                                         for R1 to R4


                                                        ORDER

********************

The writ petitioner has imported '30120.00 kilograms of Black

Pepper Sri Lankan origin' (hereinafter 'said consignment' for the sake of

convenience and clarity). A 'Bill of Entry dated 13.07.2021 bearing

reference No.4656562' (hereinafter 'said Bill of Entry' for the sake of

convenience and clarity) for home consumption was filed. Thereafter

https://www.mhc.tn.gov.in/judis

W.P.(MD)No.22788 of 2021

more than two and half months later, writ petitioner was visited with a

summons under Section 108 of 'the Customs Act, 1962 (Act No.52 of

1962)' (hereinafter 'said Act' for the sake of convenience and clarity)

calling upon the writ petitioner to give annual statement, balance sheet,

remittance particulars etc., and the writ petitioner was called upon to

appear before the officer concerned on 12.10.2021. This Court is

informed that the writ petitioner appeared and produced the documents

sought for. Thereafter as the consignment was not released, the writ

petitioner sent two representations one dated 08.10.2021 and another

dated 21.10.2021. Immediately thereafter, a seizure memo was issued on

26.10.2021 seizing the said consignment. Though no reasons have been

given in the seizure memo, as the said consignment remains seized, writ

petitioner has come before this Court with the captioned writ petitioner

seeking release of said consignment vide said Bill of Entry. This Court

issued notice on 23.12.2021 vide proceedings which reads as follows:

'Mr.Isaac Mohanlal, learned Senior Advocate instructed

by the Counsel on record for the writ petitioner is before me.

2.Learned Senior Counsel submits that the captioned

writ petition pertains to import of Black Pepper from Sri

Lanka, a similar issue came up before this Court vide W.P.

https://www.mhc.tn.gov.in/judis

W.P.(MD)No.22788 of 2021

(MD)No.21469 of 2021 and the same was disposed of by this

Court in and by order dated 03.12.2021.

3.Mr.R.Aravindan, learned Senior Standing Counsel for

Customs who accepts notice on behalf of all the four

respondents submits that there may be certain factual

differences qua the aforementioned earlier order cited by

learned Senior Counsel and learned Revenue Counsel requests

for time to get instructions and revert to this Court. Request

acceded to.

4.Registry to show the name of aforementioned learned

Revenue Counsel from the next listing.

5.List on 04.01.2022.'

Thereafter, there were four listings on 04.01.2022, 06.01.2022,

10.01.2022 and 11.01.2022 respectively and the proceedings made on

those listings are read as follows:

Proceedings dated 04.01.2022:

'Read this in conjunction with and in continuation of

earlier proceedings made in previous listing on 23.12.2021.

Today, this Court is informed that there is a change in learned

Revenue counsel and in place of Mr.R.Aravindan, learned

https://www.mhc.tn.gov.in/judis

W.P.(MD)No.22788 of 2021

Senior Standing Counsel, Mr.B.Vijay Karthikeyan, learned

Senior Standing Counsel for Central Excise and Customs

would now be representing the respondents. Registry to show

the name of Mr.B.Vijay Karthikeyan, learned Senior Standing

Counsel for Central Excise and Customs from the next listing.

2. Learned Revenue counsel submits that a counter-

affidavit has been email filed but the same has not been placed

before me. Let the Registry do the needful before the next

listing.

3. List on 06.01.2022.'

Proceedings dated 06.01.2022:

'At request of Revenue Counsel, list under the

Admission Board on Monday (10.01.2022).'

Proceedings dated 10.01.2022:

'Read this in conjunction with and in continuation

of earlier proceedings made in previous listing on

04.01.2022.

2. Today the counter-affidavit filed by the respondents

forming part of a typed set of papers (referred to in

04.01.2022 proceedings) has been placed before this Court.

3. List in the admission board tomorrow.

https://www.mhc.tn.gov.in/judis

W.P.(MD)No.22788 of 2021

4. List on 11.01.2022.'

Proceedings dated 11.01.2022:

'When the matter was taken up, order dated 22.12.2021

made in W.A(MD No.1782 of 2021 by a Hon'ble Division

Bench of this Court in M/s.Al Qahir International case came

up for consideration.

2. Learned Revenue Counsel requested for a short

accommodation to get instructions on implementation qua the

aforementioned order and revert to this Court. Request

acceded to. List tomorrow in the admission boar i.e., motion

list.

3. List on 12.01.2022.'

2. The aforementioned proceedings are telltale qua the trajectory

the matter has taken thus far.

3. Mr.Isaac Mohanlal, learned Senior Counsel instructed by

Mr.Ragatheesh Kumar of M/s.Isaac Chambers (Law Firm) counsel on

record for writ petitioner submits that a perusal of the counter-affidavit of

the Revenue shows that the crux and gravamen of the issue is the https://www.mhc.tn.gov.in/judis

W.P.(MD)No.22788 of 2021

allegation that the invoices qua said consignment have been overvalued

so as to circumvent Minimum import price (MIP) of Rs.500/- per

kilogram as import of Black Pepper up to the value of Rs.500/- per

kilogram is prohibited vide notification No.21/2015-2020 dated

25.07.2018 issued by the Directorate General of Foreign Trade (DGFT).

Advancing further arguments, learned Senior Counsel submitted that the

issue as to provisional release of such Black Pepper which are under

seizure i.e., said consignment on grounds of alleged over valuation of

invoices (allegedly to circumvent import restrictions) is no longer res

integra as provisional release of similar consignments which were seized

on same grounds have been directed to by way of a series of judicial

orders by this Court, the said orders have been complied and

consignments have been released is learned Senior Counsel's further say.

It was submitted that these orders are pivoted on Section 110A of said

Act. The orders placed before me are, order dated 14.07.2021 made in

W.P.No.12454 of 2021, order dated 23.08.2021 made in W.P(MD) No.

13790 of 2021 and order dated 03.12.2021 made in W.P(MD) No.21469

of 2021.

https://www.mhc.tn.gov.in/judis

W.P.(MD)No.22788 of 2021

4. In response to the aforementioned arguments, Mr.B.Vijay

Karthikeyan, learned Senior Standing Counsel for Customs (Revenue

Counsel) drew the attention of this Court to Board Circular No.1/2011

dated 04.01.2011 and Board Circular No.35/2017 dated 16.08.2017. To

be noted, 'Board' refers to 'Central Board to Excise & Customs, New

Delhi' in the case on hand. Former circular pertains to 'Export' and the

latter pertains to 'Import'. Learned Revenue counsel drew the attention of

this Court to paragraphs 2.1 and 2.2 of latter circular and argued that

there should be sufficient security. Learned Revenue counsel also drew

the attention of this Court to two Division Bench orders one dated

07.09.2017 made in W.A.Nos.1019 & 1020 of 2017 (The Commissioner

of Customs (Exports) v. M/s.Sri G.P.R.Leathers) and another dated

20.02.2019 made in W.A.Nos.236 of 2019 and batch cases, (Unik

Traders v. Directorate of Revenue Intelligence, Chennai) reported in

2019 (367) E.L.T.353 (Mad.).

5. By way of reply, learned Senior Counsel pointed out that in the

aforementioned three orders, pressed into service by him the facts are

identical, the consignment is same i.e., Black Pepper and one of the three

orders, namely, order dated 23.08.2021 made in W.P(MD) No.13790 of https://www.mhc.tn.gov.in/judis

W.P.(MD)No.22788 of 2021

2021 has been carried in appeal by way of W.A(MD) No.1782 of 2021

which was disposed of by a Hon'ble Division Bench by order dated

22.12.2021. There is no disputation or disagreement before me that the

consignment is the same and the facts are identical. One of the these

matters carried to a Hon'ble Division Bench by way of an intra-court

appeal is Al Qahir International case (M/s.Al Qahir International v.

The Commissioner of Customs). In Al Qahir case, learned Single Judge

vide order dated 23.08.2021, inter alia directed release of goods on

execution of bank guarantee for interest, penalty or charges that may be

charged. This is vide paragraph 38 (i) of the Single Judge's order. The

importer carried the matter in appeal by way of intra-court appeal and a

Hon'ble Division Bench vide its 22.12.2021 order modified the

conditions imposed by learned Single Judge with regard to bank

guarantee alone and said bond will suffice. This is vide paragraph 12 of

the order of Hon'ble Division Bench. Paragraph 38 of order of Hon'ble

Single Judge and paragraphs 12 to 14 of the order of Hon'ble Division

Bench read as follows:

Paragraph 38 of Single Judge's order:

'38.In this context, the earlier order passed by the learned

Judge referred to above in similar circumstances in M/s.Global

https://www.mhc.tn.gov.in/judis

W.P.(MD)No.22788 of 2021

Metro case, can very well be followed in the present case also.

Accordingly, I am of the view that this writ petition can be disposed

of with the following order:

(i)that the impugned order is set aside for

the reasons discussed above and in view of the

same, the respondent is hereby directed to pass

orders for releasing the goods in question by way

of provisional release of course by imposing the

following conditions:

that the petitioner shall pay the entire

customs duty and also to execute a bank guarantee

for interest, penalty or charges that may be

charged and in this context, the respondent before

passing such order for provisional release, shall

quantify the amount, which may be imposed by

way of penalty and charges etc., on the petitioner

and equal to that amount, the bank guarantee

shall be obtained from the petitioner and after

getting the same, the goods in question shall be

released by way of provisional release.

(ii)Further, this Court wants the respondent

https://www.mhc.tn.gov.in/judis

W.P.(MD)No.22788 of 2021

Customs Department to complete the adjudication

process at the earliest, for which, the petitioner

shall cooperate without taking any unnecessary

adjournments and after completing the

adjudication process at the earliest, within a

reasonable time, ultimately if the Customs

Department comes to a conclusion that the goods

in question are prohibited goods, within the

meaning of notification dated 25.07.2018, the

needful as per law shall be undertaken by the

Customs Department. That apart, the Customs

Department shall also make a recommendatory

report to the DGFT to initiate action against the

petitioner within the meaning of Section 8 of the

Foreign Trade (Development and Regulation) Act,

1992. The needful as indicated above to pass

orders of making provisional release of the goods

concerned shall be undertaken within a period of

one week from the date of receipt of a copy of this

order.

(iii) It is further made clear that, insofar as

https://www.mhc.tn.gov.in/judis

W.P.(MD)No.22788 of 2021

the claim to be made with regard to the waiver

charges, it can be considered separately in

accordance with law.'

Paragraphs 12 to 14 of order of Division Bench:

'12. To make it clear, we modify the condition imposed

by the Writ Court to furnish bank guarantee to furnish a bond

to the same value. So far as the adjudication is concerned, the

authorities are to proceed with the same without being

influenced by this order as this order does not express any

opinion in that regard.

13. Excepting the above modification, the order passed

by the learned Single Judge in all other aspects shall stand

confirmed.

14. The writ appeal is disposed of accordingly. No

Costs.'

6. As regards the G.P.R.Leathers case i.e., order dated 07.09.2017

placed before me by learned Revenue Counsel, the same is clearly

distinguishable on facts at least for two reasons. One reason is

G.P.R.Leathers case pertains to 'Export' and it is a case of alleged

misdeclaration. The second reason is the question there was whether the https://www.mhc.tn.gov.in/judis

W.P.(MD)No.22788 of 2021

consignment is a finished product i.e., finished leather or not and that

was a case where Board Circular No.1/11 dated 04.01.2011 pertaining to

'Export' was dealt with.

7. Likewise, Unik Traders case is also clearly distinguishable on

facts as that was a case pertaining to disputation qua 'Certificate of

Country of Origin' (hereinafter 'Certificate of COO' for brevity).

Moreover, Unik Traders case was carried to Hon'ble Supreme Court vide

Special Leave to Appeal (C) No(s).7096/2019 with SLP(C) No.

7310/2019, SLP(C) No.7320/2019, SLP(C) No.7325/2019, SLP(C) No.

7332/2019 and the Hon'ble Supreme Court vide order dated 08.05.2019

sent the matter back to the High Court. The Single Judge thereafter

decided the matter by an order dated 09.07.2019 in W.P(MD).No.15575

of 2019. It may not be necessary to dilate any further on facts or

trajectory as Unik Traders case is clearly distinguishable on facts that

being a case of disputation qua Certificate of COO for a consignment of

Aracknut. The case on hand is on a entirely different footing.

8. In this regard, this Court reminds itself of the oft cited

celebrated Padma Sundara Rao case (Padma Sundara Rao v. State of https://www.mhc.tn.gov.in/judis

W.P.(MD)No.22788 of 2021

Tamil Nadu) reported in (2002) 3 SCC 533, wherein a Constitution

Bench of Hon'ble Supreme Court wherein the manner in which case law

precedents have to be looked into has been articulated, relevant

paragraph in Padma Sundara Rao case is paragraph 9 and the same reads

as follows:

'9......... There is always peril in treating the words

of a speech or judgment as though they are words in a

legislative enactment, and it is to be remembered that

judicial utterances are made in the setting of the facts of a

particular case, said Lord Morris in Herrington v. British

Railways Board [(1972) 2 WLR 537 : 1972 AC 877 (HL)

[Sub nom British Railways Board v. Herrington, (1972) 1

All ER 749 (HL)]]. Circumstantial flexibility, one

additional or different fact may make a world of

difference between conclusions in two cases.'

9. That leaves us with Al Qahir International case. Al Qahir

International case is virtually identical, only the names of the importers,

quantity of the consignment, dates of import, dates of bills of entry are

different. To be noted, there is no disputation or disagreement the factual https://www.mhc.tn.gov.in/judis

W.P.(MD)No.22788 of 2021

matrix is identical as between Al Qahir case and the matter on hand now

before this Court. More importantly, Al Qahir International case has been

accepted by the Department and learned Revenue counsel has placed

before me the electronic mail instructions received by him and a scanned

reproduction of the trail mail is as follows:

https://www.mhc.tn.gov.in/judis

W.P.(MD)No.22788 of 2021

10. Besides the above, this Court is also informed that the other

two orders of two other Single Judges dated 14.07.2021 in M/s.Global

Metro v. The Commissioner of Customs and others and 03.12.2021 in

M/s.Southern Trade Links v. The Deputy Director, Directorate of

Revenue Intelligence have also been accepted by the Department,

complied with and the consignment have been released (without even

carrying the matter on intra-court appeal). To be noted, one of these three

earlier orders was made by me. The importer also did not go on appeal.

There is no disputation or disagreement about this aspect of the matter

also.

11. The first of the above mentioned three orders being order dated

14.07.2021 made in W.P.No.12454 of 2021 made by another Hon'ble

Single Judge is as follows:

'Heard Mr.Vijay Narayan, learned senior counsel appearing for Dr.S.Krishnandh, learned counsel for the petitioner and Mr.K.Mohanamurali, learned Senior Panel Counsel for Customs Department/R1 to R4 and Mr.V.Sundareswaran, learned Senior Panel Counsel for the Directorate of Revenue Intelligence (DRI)/R5 & R6.

2. This Writ Petition challenges, by way of certiorarified https://www.mhc.tn.gov.in/judis

W.P.(MD)No.22788 of 2021

mandamus, communication dated 25.05.2021, which has been issued by R4/Deputy Commissioner of Customs conveying the decision of the Chief Commissioner of Customs rejecting the petitioner's request for provisional release of consignments of import of black pepper that have been seized vide seizure memo dated 03.04.2021. They also seek a direction to the respondents to release the goods provisionally in terms of Section 110A of the Customs Act 1962 (in short 'Act') and issue Demurrage-cum- Detention Waiver Certificate for waiver of Demurrage and Container Detention Charges, in respect of the said goods in terms of Section 6(1)(l) of Handling of Cargo in Customs Areas Regulations 2009 read with Regulation 10(1)(l) of Sea Cargo Manifest and Transhipment Regulations, 2018.

3. The petitioner has imported five consignments vide Bill of Entry Nos. 3185706 dated 17.03.2021, 3212240 dated 19.03.2021, 3256382 dated 23.03.2021, 3256389 dated 23.03.2021 and 3308760 dated 26.03.2021. The petitioner sought release of the consignments, both before the DRI as well as the authorities under the Customs Act, being the Commissioner of Customs as well as the Chief Commissioner of Customs. A detailed communication of the DRI dated 26.04.2021 indicates certain concerns that the DRI had entertained in regard to the consignments imported.

4. The crux of the litigation turns upon the valuation of the consignments in question, as Notification No.21/2015-20 dated 25.07.2018 (Notification in question) permits entry of black pepper falling under Entry No.0904 11 30 only if the CIF value of the import was Rs.500/- per kg or above. Imports of value less than Rs.500/- per kg is prohibited. It was the apprehension of the https://www.mhc.tn.gov.in/judis

W.P.(MD)No.22788 of 2021

DRI that the goods have been over valued by the petitioner in order to render them freely importable, the word 'free' being used in the context of 'permitted to be imported', as the commodities are otherwise subject to duty at the rate of 8%.

5. Being of the view that the value of the consignments was in excess of what was the true value, investigation was undertaken by the DRI. The ongoing investigation takes note of various documents that appear to indicate that the pricing of the commodity was less than that revealed by the petitioner and also that full consideration had not been remitted to the supplier overseas. Moreover, the DRI states that it is in possession of information to the effect that sales of the consignments importer earlier had been undertaken by the petitioner in the open market at a sum less than the import value.

6. On the basis of the aforesaid material stated to have been gathered by the DRI, the apprehension that arose was that the goods had been consciously inflated in value merely to enable their import in terms of the Notification in question. This narration is captured in the communication of DRI dated 26.04.2021 issued to the Deputy Commissioner of Customs, wherein, in conclusion they say that investigation was under progress and that the report would be forwarded to the Customs Department, post completion. As far as release is concerned, the ball is placed in the court of customs, the DRI leaving it to the customs authorities to consider the request for release in terms of Section 110 A of the Act.

7. The final stand of the DRI however, as conveyed vide communication dated 15.04.2021, paragraph 2 is categoric to the effect that 'this office does not have any objection for provisional https://www.mhc.tn.gov.in/judis

W.P.(MD)No.22788 of 2021

release of the said goods'. They continue to state at paragraph 3 that 'It is herein requested that the said goods may be provisionally released as per the conditions stipulated under section 110 A of Customs Act, 1962.'. Thus the DRI before whom the investigation is stated to be on-going in regard to the valuation of the goods has expressed no objection for the release of the same.

8. Based on the communication of the DRI dated 15.04.2021, the Deputy Commissioner/R2 on 05.05.2021 communicates to the petitioner that the request for provisional release was rejected by the adjudicating authority. There is some confusion as to who is the adjudicating authority in this case, as in the communications of the Deputy Commissioner of Customs, she merely refers to the rejection of request by the 'adjudicating authority' without specifying who that authority is. Petitioner before me is also unable to clarify this issue.

9. The request of the petitioner before the Chief Commissioner (who is not arrayed as a party before me) has been rejected and conveyed to the petitioner by the Deputy Commissioner under impugned order dated 25.05.2021. The order is cryptic and merely rejects the request stating that the import of the goods was prohibited as per the policy condition. It appears to me that the cart has been put before the horse, as admittedly investigation is presently on-going.

10. The crux of the apprehensions are as follows:

                                             3.    Investigation   has    revealed     the
                                      following:
                                             The imports of Black Pepper from Sri

Lanka by M/s Global Metro in controlled by Shri https://www.mhc.tn.gov.in/judis

W.P.(MD)No.22788 of 2021

Arshad Shajahan.

M/s Global Metro has imported black pepper by declaring the unit price in the range of Rs 501 to Rs. 512/kg. The terms of payment as per the Invoice in most cases is around 50% on DP/DAP terms i.e. Documents against Payment and balance on DA terms L.e. Documents against Acceptance. The time limit for making DA payment is 90 days to 120 days as per commercial Invoice.

The said importer has made payments to the overseas muppliers only to an extent of payment against DP terms as per the Commercial Invoice. However, he has not paid the balance amount to the overseas supplier even after the expiry of time period of 90-120 days. He has accepted all the imported Black Pepper without raising any objection with the overseas suppliers on quality issues, in sum, there is no reason recorded by M/s Global Metro to make the lower payments.

As per the documents recovered such as Sales Contract, email communication recovered during the search of the premises of M/s Global Metro it is found that the actual unit price of Black Pepper imported by M/s Global Metro from Sri Lanka is between USD 3- USD 4 per Kg L.e. much below the declared unit price of Rs. 500 per Kg and less than the MIP specified in https://www.mhc.tn.gov.in/judis

W.P.(MD)No.22788 of 2021

the FTP making the goods prohibited.

On receipt of such imported black pepper from M/s Global Metro has sold them in the domestic market at a Unit price in the range of Rs. 300- Rs. 425/kg although the unit price of Rs. 502-Rs. 515/kg has been declared to the Customs authorities for the said imports.

Further, the total value of import of Black Pepper by M/s Global Metro, as declared to Customs, for the period from May-2020 till date is around 31 Crores. However, it appears that M/s Global Metro has paid only around half of the said amount to their overseas suppliers of Black Pepper in Sri Lanka as per their Bank accounts Statements. Shri Arshad Shajahan of M/s Global Metro has confirmed in his statement that the balance amount to be paid to the Overseas Supplier would never be paid. The content of statement was corroborated by the documents found during investigation.

The above facts have been evidenced by the analysis of bank statements, email communications, e-way bills and the informal accounts maintained by relevant entities.

11. No details of incriminating material have been furnished that would substantiate the conclusion that the goods have been inflated in value. As far as the balance of the consideration remaining to be paid to the overseas supplier, this is a matter of negotiation between the supplier and the importer and https://www.mhc.tn.gov.in/judis

W.P.(MD)No.22788 of 2021

would not concern the statutory authorities in the matter of valuation of the goods. There are also certain statements that appear to have been recorded in the course of the on-going investigation. All in all, the apprehensions expressed are, as of now, just apprehensions, and would have to be supported by tangible material in order to establish a prima facie case against the petitioner.

12. I am given to understand by the learned Senior Standing Counsels for the Customs Department as well as for the DRI that the process of investigation would take some time and cannot be hurried.

13. The commodity in question is agricultural produce. The variety of black pepper imported is stated to be specific to the region of Srilanka, an important ingredient in the making of spices used in Indian cuisine, with a short shelf life. Assuming for the sake of argument that investigation is concluded in favour of the petitioner, if the provisional release is not granted, the entire consignments would have been compromised. The balance of convenience would thus require, in my considered view, that the consignments be released, subject to the petitioner being put to terms. This would also ensure that the interests of the Department are securely protected. The petitioner will remit the entire duty and furnish bond to the satisfaction of the Assessing Authority in regard to interest payable, penalty or charges that may be deemed necessary.

14. The impugned order is set aside. It is made clear that nothing contained in this order will stand in the way of an independent enquiry by the authorities in the on-going investigation. The Deputy Commissioner of Customs/R3 is https://www.mhc.tn.gov.in/judis

W.P.(MD)No.22788 of 2021

directed to quantify the duty and bond amounts and communicate the same to the petitioner forthwith and release the goods within a week of such remittance by the petitioner.

15. On the issue of waiver of demurrage charges, the issue is left open to be pursued before the authorities in the light of applicable Rules and Regulations.

16. This Writ Petition is disposed as above. No costs. Connected Miscellaneous Petitions are closed.'

12. The sequitur is, the prayer in the captioned writ petition

deserves to be acceded to by respectfully following the ratio of Hon'ble

Division Bench in Al Qahir International case. Therefore, the captioned

main writ petition and connected W.M.P are disposed of with the

following directives and observations:

(a) The second respondent i.e., the Joint

Commissioner of Customs is directed to quantify the

duty, bond amounts etc., communicate the same to the

petitioner forthwith and release the said consignment

within one week of said remittance i.e., quantified

duty/bond amounts/execution of bonds by the

petitioner;

https://www.mhc.tn.gov.in/judis

W.P.(MD)No.22788 of 2021

(b) It is made clear that nothing contained in

this order will stand in the way of an independent

inquiry by the authorities in the ongoing investigation.

In other words, show cause notice adjudication can

proceed and the same can be carried to its logical end

on its own merits and in accordance with law

uninfluenced/untrammelled by any view or opinion

expressed by this Court. Though obvious, I make it

clear that I have not expressed any view or opinion on

the merits of the matter qua allegations of which the

said consignment has been seized;

(c) On the issue of waiver of demurrer charges,

the issue is left open to be pursued by the authorities in

the light of applicable rules and regulations.

There shall be no order as to costs.



                                                                              12.01.2022

                     Index        : Yes / No
                     Internet : Yes / No
                     pkn

https://www.mhc.tn.gov.in/judis


                                                                          W.P.(MD)No.22788 of 2021




                     To
                     1. The Commissioner of Customs,
                        Custom House, New Harbour Estate,
                        Tuticorin – 628 004.

                     2. The Joint Commissioner of Customs,
                        Custom House, New Harbour Estate,
                        Tuticorin – 628 004.

3. The Assistant Commissioner of Customs (SIIB), Custom House, New Harbour Estate, Tuticorin – 628 004.

4. The Superintendent of Customs.

Special Intelligence and Investigation Branch (SIIB), Custom House, New Harbour Estate, Tuticorin – 628 004.

https://www.mhc.tn.gov.in/judis

W.P.(MD)No.22788 of 2021

M.SUNDAR., J.

pkn

W.P.(MD)No.22788 of 2021

12.01.2022

https://www.mhc.tn.gov.in/judis

 
Download the LatestLaws.com Mobile App
 
 
Latestlaws Newsletter
 

Publish Your Article

 

Campus Ambassador

 

Media Partner

 

Campus Buzz

 

LatestLaws Guest Court Correspondent

LatestLaws Guest Court Correspondent Apply Now!
 

LatestLaws.com presents: Lexidem Offline Internship Program, 2026

 

LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!

 
 

LatestLaws Partner Event : Smt. Nirmala Devi Bam Memorial International Moot Court Competition

 

LatestLaws Partner Event : IJJ

 
 
Latestlaws Newsletter