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Madras High CourtWP/4387/2022closed

P.Satish Kumar v. The Addl. Commissioner Of Customs Adjudication - Air

2024-08-23Honourable Mr Justice C. Saravanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2024

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.Nos.4387 and 4624 2022 and W.M.P.Nos.4513, 4744 and 4746 of 2022

1. P.Satish Kumar ... Petitioner in W.P.No.4387 of 2022

2. E.V.Rajan ... Petitioner in W.P.No.4624 of 2022 Vs.

1. The Additional Commissioner of Customs Adjudication - Air, O/o. The Principal Commissioner of Customs, Commissionerate - I, Chennai Airport, New Custom House, Meenambakkam, Chennai - 600 016.

2. The Joint Director, Directorate of Revenue Intelligence Chennai Zonal Unit, Government of India, Ministry of Finance, Department of Revenue, 27, G.N.Chetty Road, T.Nagar, Chennai - 600 017.

... Respondents in both W.Ps.

Prayer in 4387 of 2022: Writ Petition filed under Article 226 of Constitution Page No. 1 of 4

of India, for issuance of a Writ of Certiorarified Mandamus to call for the records of the 1st respondent made in Ref.F.No.DRI/CZU/VIII/48/ENQ1/INT-03/2020 dated 21.01.2022 under Sec. 124 of the Customs Act, quash the same and direct the said respondent to conduct adjudication proceedings by affording cross-examination of the officers of DRI, FRRO, Customs, CDAC, Immigration whose reports are relied in the show cause notice of the 2nd respondent.

Prayer in 4624 of 2022: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Certiorari to call for the records of the 1st respondent made in O.S.No.DRI/CZU/VIII/48/ENQ-1/INT-03/2020 dated 21.01.2022 under Sec. 124 of the Customs Act, quash the same and direct the said respondent to conduct adjudication proceedings by affording crossexamination of the officers of DRI, FRRO, Customs, CDAC, Immigration whose reports are relied in the show cause notice of the 2nd respondent. For Petitioners : Mr.B.Satishsundar (in both W.Ps.) For Respondents For R1 : Mr.M.Santhanaraman Senior Panel Counsel (in both W.Ps.) For R2 : Rajnish Pathiyil Senior Panel Counsel (in both W.Ps.) COMMON ORDER Page No. 2 of 4

The learned counsel for the Petitioners as also the learned Senior Panel Counsels for the Respondents confirmed that the Writ Petition has become infructuous as during the pendency of the Writ Petitions, the 1st Respondent has passed an Order in Original No.120/2022-2023 Commissionerate-I dated 12.07.2022.

2. Recording the above submissions, the Writ Petitions stands closed. No cost. Consequently, connected Miscellaneous Petitions are closed. 23.08.2024 Index : Yes/No Speaking/Non-speaking Order rgm C.SARAVANAN, J.

Page No. 3 of 4

rgm To

1. The Additional Commissioner of Customs Adjudication - Air, O/o. The Principal Commissioner of Customs, Commissionerate - I, Chennai Airport, New Custom House, Meenambakkam, Chennai - 600 016.

2. The Joint Director, Directorate of Revenue Intelligence Chennai Zonal Unit, Government of India, Ministry of Finance, Department of Revenue, 27, G.N.Chetty Road, T.Nagar, Chennai - 600 017.

W.P.Nos.4387 and 4624 2022 and W.M.P.Nos.4513, 4744 and 4746 of 2022 23.08.2024 Page No. 4 of 4