← Library
Madras High CourtWP/11799/2019closed

Scope Specialities Llp v. The Development Commissioner

2020-02-26Honourable Dr Justice Anita Sumanth5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2020

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH Writ Petition Nos.11799 of 2019 and 31706 of 2017 W.M.P.No.19443 & 12019 of 2019 & 5313 of 2020 Scope Specialties LLP Rep by its partner Ashish Jain ..Petitioner in W.P.No.11799 of 2019 M/s. Scope Ingredients Pvt. Ltd.

Rep by its Director Shri Sachin Jain ..Petitioner in W.P.No.31706 of 2017 -Vs1.The Development Commissioner Office of the Development Commissioner (MEPZ-SEZ) G.S.T. Road, Tambaram Chennai-600 045 2.The Deputy Commissioner of Customs (MEPZ-SEZ) G.S.T. Road, Tambaram Chennai-600 045 3.The Joint Director General of Foreign Trade Ministry of Commerce & Industry, Govt. of India 4-5 Floor, Shastri Bhavan Annex 26, Haddows Road, Chennai-600 006 4.Zonal Addl. Director General of Foreign Trade Govt. of India 4-5 Floor, Shastri Bhavan Annex 26, Haddows Road, Chennai-600 006 5.M/s. Scope Ingredients Pvt. Ltd., Rep. by its Director Sachin Jain, No.19, Marshall Road, S-10, 2nd Floor, Egmore, Chennai-600 008

6.The Inspector of Police, CBI/ACB/Chennai.

..Respondents in WP No.11799 of 2019 (Suo motu impleaded by order of this Court dated 27.11.2019 in WP.No.31706 of 2017 and WP.No.11799 of 2019) 1.The Joint Director of Foreign Trade Ministry of Commerce, Govt. of India 4th 5th Floor, Shastri Bhavan Annex 26, Haddows Road, Chennai-600 006 2.Zonal Addl. Director General of Foreign Trade Ministry of Commerce, Govt. of India 4th 5th Floor, Shastri Bhavan Annex 26, Haddows Road, Chennai-600 006 3.The Inspector of Police, CBI/ACB/Chennai.

..Respondents in WP No.31706 of 2017 (Suo motu impleaded by order of this Court dated 27.11.2019 in WP.No.31706 of 2017 and WP.No.11799 of 2019) PRAYER in WP.No.11799 of 2019: PETITION filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus, calling for the records of the second respondent in his file no.JMFTWZ/Minerva/1/2017/6033 dated 19.12.2018, quash the same and direct the respondents 1 to 3 herein to permit the release of the six containers (Container No.HLBU127161-3, BSUI402359-4, HLXU521281-1, PGTU415734-4, TRLU86159-4, FSCU459950-8) which are lying in FTWZ (Free Trading Warehousing Zone), MEPZ (Madras Export Processing Zone), Chennai to the petitioner.

PRAYER in WP.No.31706 of 2017:

PETITION filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus, calling for the records of the second respondent made in F.No.I(146/Addl.DGFT/ECA/Chen/Am 16 dated 04.12.2017 and quash the same.

WP.No.11799 of 2019 :

For Petitioner : Mr.K.Subramanian Senior Counsel for Mr.S.Punniyakkotti For Respondent : Mr.G.Karthikeyan-ASG for R1 to R4 No appearance for R5 Mr.K.Srinivasan for R6 Special Public Prosecutor (CBI)

WP.No.31706 of 2017 :

For Petitioner : Mr.K.Subramanian Senior Counsel for Mr.S.N.Subramani For Respondent : Mr.T.V.Krishnamachari,SPC for R1 & R2 Mr.K.Srinivasan, Special Public Prosecutor for R3

ORDER

Pursuant to a direction of this Court dated 11.02.2020, an order directing the release of consignments was passed on 24.02.2020, extracted in full below:

Heard learned counsels.

2. The admitted position is that the suspension of the import export code in this case is only for the period 04.12.2017 to 04.12.2019. Thus, the order of suspension as on date, has expired. Learned counsel appearing for the CBI fairly states that the detention is not at their instance and the learned counsel for the respondents concur on the position that the detention is only at the instance of the DGFT. There is, admittedly, no extension of the same thereafter. The retention of the following consignments now has no support in law whatsoever, and the same shall be released within a period of two weeks from today. The details of consignments are as follows:

SL No.

Bill of Lading Nos.

Content Container No.

Import BOE Gross Weight in MTs F17W200151/ HLBU1271613 5055/24 15.726 01 Mar 17 DRM Apr 17 F17W200179/ BSIU4023594 5051/24 15.726 01 Mar 17 DRM Apr 17 F17W200180/ HLXU5212811 5053/24 15.726 06 Mar 17 DRM Apr 17 F17W200173/ PGTU4157344 5050/24 14.874 01 Mar 17 BAG Apr 17 F17W200128/ TRLU8615924 5054/24 15.668 01 Mar 17 DRM Apr 17 F17W200181/ FSCU4599508 4950/21 15.726 01 Mar 17 DRM Apr 17

3. List on 26.02.2020 under the caption 'for compliance'.

2. The original of the order of release dated 24.02.2020 is handed over to the learned counsel for the petitioner in Court today.

3. In spite of the order, the consignments have not been released for reasons as communicated in letter bearing No.53/SZ/2019-20 dated 20.02.2020 from the Office of the Deputy Drugs Controller (I), Central Drugs Standard Control Organization, South Zone to the effect that, after inspection, it was observed that the shelf life of one consignment had expired and the remaining consignments were not fit for pharmaceutical use.

4. When this is put to the petitioner, the Court is assured that the contents of the consignment that has expired is liable to be destroyed and the contents of the remaining consignments will be put to appropriate use, strictly in in accordance with the prescription of law and all applicable rules and guidelines, such that public health and safety is maintained. This is recorded.

5. With this, the writ petitions are closed as nothing further survives therein. Consequently, connected miscellaneous petitions are closed. No costs.

Sd/- Assistant Registrar(C.S.VI) /True Copy/ Sub Assistant Registrar To 1.The Development Commissioner Office of the Development Commissioner (MEPZ-SEZ) G.S.T. Road, Tambaram, Chennai-600 045.

2.The Deputy Commissioner of Customs (MEPZ-SEZ) G.S.T. Road, Tambaram, Chennai-600 045 3.The Joint Director General of Foreign Trade Govt. of India, 4-5 Floor, Shastri Bhavan Annex 26, Haddows Road, Chennai-600 006.

4.The Zonal Additional Director General of Foreign Trade Govt. of India, 4-5 Floor, Shastri Bhavan Annex 26, Haddows Road, Chennai-600 006

5.The Inspector of Police, CBI/ACB/Chennai 6.The Joint Director of Foreign Trade Govt. of India, 4-5 Floor, Shastri Bhavan Annex 26, Haddows Road, Chennai-600 006.

+1 cc to M/s.G.Karthikeyan,Advocate Sr.No.16611 +1 cc to M/s.G.Punniyakotti,Advocate Sr.No.16792 +1 cc to Mr.S.N.Subramani, Advocate Sr.No.16791 +1 cc to M/s.T.V.Krishnamachari,Advocate Sr.No.16542 AKM/27.02.2020/5P-11C / Writ Petition No.11799 of 2019 & 31706 of 2017 W.M.P.No.19443 & 12019 of 2019 & 5313 of 2020