N.Madhu Sudhana Rao, v. The Senior Intelligence

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.06.2020

CORAM:

THE HON'BLE MR.JUSTICE R.MAHADEVAN Writ Petition No.24277 of 2013 & M.P.No.1 of 2013 Shri N.Madhu Sudhana Rao, Proprietor of M/s. Sri Lakshmi Balaji Impex, Door No.5/5/35 Flat No.97 Maithri Nagar, Kukatpally, Hyderabad 500 072 ... Petitioner Vs.

1. The Senior Intelligence Officer, Directorate of Revenue Intelligence, No.25 Gopalakrishna Iyer Road, T.Nagar, Chennai 600 017

2. The Additional Director General, Directorate of Revenue Intelligence, No.25 Gopalakrishna Iyer Road, T.Nagar, Chennai 600 017 ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus forbearing the respondents from in any manner summoning and collecting alleged differential duties (including Anti Dumping Duty) pertaining to the past imports of PVC Sheeting in Rolls (Flex Banner) of the petitioner.

For Petitioner : Mr. N.Balaji For Respondents : Mr. V.Sundareswaran, SPC.

O R D E R

Today, this matter is taken up by this Court through Video Conferencing, CISCO Webex Meeting, on account of COVID-19.

2. Heard both sides.

3. The perusal of the materials available on record would reveal that the Directorate of Revenue Intelligence intiated proceedings against the petitioner for the alleged violation of the provisions of various enactments including the Customs Act, 1962. The grievane of the petitioner is that he was subjected to physical assault and an attempt was made by the officials to obtain voluntary statement from the petitioner. The reason for https://hcservices.ecourts.gov.in/hcservices/

filing this writ petition appears to be the direction given by the respondents to produce a demand draft for a sum of Rs.75 lakhs being the differential duty amount including Anti Dumpting Duty. Hence, the petitioner sought a mandamus forbearing the respondents from in any manner summoning the petitioner and collecting the said differential amount.

4. However, the learned counsel appearing for the petitioner, during the course of argument, submitted that subsequent to the filing of the instant writ petition in the year 2013, an order came to be passed by the respondents, against which an appeal has been preferred by the petitioner and the same is pending.

5. In view of the above submission made by the learned counsel for the petitioner, this Court is of the opinion that it is for the petitioner to agitate all the grounds raised herein before the appellate authority. With the said observation, this writ petition stands closed. No costs. Consequently, the connected MP is closed.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar srk To

1. The Senior Intelligence Officer, Directorate of Revenue Intelligence, No.25 Gopalakrishna Iyer Road, T.Nagar, Chennai 600 017

2. The Additional Director General, Directorate of Revenue Intelligence, No.25 Gopalakrishna Iyer Road, T.Nagar, Chennai 600 017 W.P.No.24277 of 2013 & M.P.No.1 of 2013 EV(CO) RMP(21/07/2020) https://hcservices.ecourts.gov.in/hcservices/