M/S Global Trading Link, v. The Commissioner Of Customs,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2017

CORAM

THE HON'BLE Mr. JUSTICE K.RAVICHANDRABAABU W.P.No.12698 of 2017 and W.M.P.No.13522 of 2017 M/s.GLOBAL TRADING LINK, Rep., by its Partner Mr.Mahendra, No.34, Gemini Parsn Manre, 1st Floor, No.602, Mount Road, Chennai - 600 006.

... Petitioner Vs.

1. The Commissioner of Customs(Group-7H),

2. The Additional Commissioner of Customs(Group 7H),

3. The Deputy Commissioner of Customs (DIU), ... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondents herein to release the goods viz., 1023 cartons totally viz., Photo Frame, Wind Bell, clock, Pen Stand, Glass Show Pieces, Candle, Clock, Wooden Show Piece, Mug, Paper Weight, TV Remote, Diary, Decoration Flower, Flower Show Piece, Resin Show Piece, Wrist Watches, Cemented Carbide Tips, Steel Watches and Linear Out Put Transformer, imported vide Bill of Entry No.8059120, dated 03.01.2017, after collecting appropriate and proportionate duty for the total/entire quantity of the goods imported under the Customs Act.

For Petitioner : Mr.A.K.Jayaraj For Respondents: Mr.S.Rajasekar, Standing Counsel

O R D E R

This Writ Petition is filed seeking for a Mandamus directing the respondents to release the subject matter goods, referable to the Bill of Entry No.8059120, dated 03.01.2017 after collecting appropriate and proportionate duty.

2. Today when the matter is taken up for further hearing after notice, the learned counsel appearing for the petitioner submitted that the third respondent has passed the provisional release order on 29.05.2017. Therefore, he submitted that the writ petition may be closed by directing the respondents to adjudicate the proceedings and pass the order of adjudication within a time frame fixed by this Court.

3. The learned counsel appearing for the respondent is not disputing the fact that the provisional release order was issued on 29.05.2017.

4. Considering the above stated facts and circumstances, considering the relief sought for in the writ petition and further considering the fact that the respondents have passed the provisional release order, it is for them to adjudicate the matter further and pass the order of adjudication in accordance with law. Such exercise shall be done by the respondents within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is directed to co-operate with the adjudication proceedings without dragging the matter in any manner.

5. Hence, the writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar gsk/klt To

1. The Commissioner of Customs(Group-7H),

2. The Additional Commissioner of Customs(Group 7H),

3. The Deputy Commissioner of Customs (DIU), +1cc to M/S.A.K.Jayaraj, Advocate Sr.41348 +1cc to M/S.S.Rajasekar, Advocate sr.41453 W.P.No.12698 of 2017 nr[co] srg 22/06/2017