Mukthar Ali v. The Principal Commissioner Of Customs,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.03.2023 CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH and W.M.P.Nos.8471 & 8473 of 2023 Mukthar Ali .. Petitioner vs 1.The Principal Commissioner of Customs, New Custom House, Meenambakkam, Chennai - 600 016.
2.The Additional Director General Directorate of Revenue Intelligence, No.27, G.N.Chetty Street, T.Nagar, Chennai - 600 017.
3.The Additional Commissioner of Customs Airport Adjudication, 3rd Floor, New Custom House, Chennai - 600 016.
.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records on the file of the 2nd respondent in Show Cause Notice No.FNO.DRI/CZU/VIII/48/ENQ-1/INT-09/2021 dated 21.09.2022 and quash the same as illegal, arbitrary and unsustainable in law and on facts in so far as the petitioner is concerned and consequently direct the respondents to release the petitioner's Toyota Innova Car bearing No.TN 41 AS 4646, pursuant to the petitioner's reply dated 27.12.2022.
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For Petitioner :
Mr.AR.M.Arunachalam For Respondents :
Mr.Sai Srujan Tayi SPC
ORDER
The challenge in this writ petition is to a show-cause notice dated 21.09.2022 issued under the provisions of the Customs Act, 1962 (in short, 'Act'). The petitioner also seeks a consequential direction to the respondents to release his car (Toyota Innova) bearing TN 41 AS 4646 that was seized on 23.09.2021. 2.
Mr.Sai Srujan Tayi, learned Senior Panel Counsel, who accepts notice for all respondents states that much water has flown under the bridge pursuant to issuance of show-cause notice. 3.
The petitioner has responded, appeared on various dates including 25.02.2023 through his consultant, who has been heard in full. Orders have been reserved on 25.02.2023 and he assures the Court and the petitioner that orders will be passed within four weeks from date of receipt of this order. No other legal infirmity is pointed out in the show-cause notice that would justify intervention of this Court at this juncture.
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4.
Bearing in mind that the petitioner is himself cooperating in the proceedings before the authorities, it would be appropriate for this Court to record the undertaking of the respondents to the effect that the proceedings pursuant to showcause notice dated 21.09.2022 will culminate in an order passed within four weeks from date of receipt of this order and I do so. 5.
This writ petition is dismissed in light of the discussion as above. No costs. Connected miscellaneous petitions are closed. 16.03.2023 Index:Yes/No ssm Note to Registry : Issue on 17.03.2023 To 1.The Principal Commissioner of Customs, New Custom House, Meenambakkam, Chennai - 600 016.
2.The Additional Director General Directorate of Revenue Intelligence, No.27, G.N.Chetty Street, T.Nagar, Chennai - 600 017.
3.The Additional Commissioner of Customs Airport Adjudication, 3rd Floor, New Custom House, Chennai - 600 016.
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DR. ANITA SUMANTH,J.
ssm 16.03.2023 4/4