Shri.Murugula Shabbir Shaik v. The Additional Commissioner Of Customs(Siib)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.05.2025 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Shri.Murugula Shabbir Shaik, Proprietor of M/s.SMR Infra, No.11-1-46/1A, Opposite Medical Hall, Santhosh Nagar, Kandukur, Andhra Pradesh-523 105.

.. Petitioner Vs.

1. The Additional Commissioner of Customs (SIIB), Chennai III Commissionerate, Custom House, No.60, Rajaji Salai, Chennai - 600 001.

2. The Deputy Commissioner of Customs (SIIB), Chennai III Commissionerate, Custom House, No.60, Rajaji Salai, Chennai - 600 001.

3. The Assistant Commissioner of Customs (Group-1), Custom House, No.60, Rajaji Salai, Chennai - 600 001.

.. Respondents Prayer: Writ Miscellaneous Petition filed under Article 226 of the Constitution of India, praying for an interim direction to the respondents 1 and 2 to re-test of the imported goods vide 6466300 dated 02.11.2024 and 6948609 dated 29.11.2024 at an independent and accredited laboratory pending disposal of the above writ petition.

For Petitioner :

Mr.Hari Radhakrishnan For Respondents :

Mr.S.M.Deenadayalan S.SC

ORDER

Heard both sides.

2. The petitioner had imported the petition mentioned consignment. According to the respondents, it contains pathogens and is unfit for human consumption. The petitioner does not contest the said stand. His only submission is that the goods are animal feed and that therefore, he should be allowed to clear the goods. It is for this reason, the present petition has been filed.

2. All that the petitioner wants is to direct the second respondent to re-test the imported goods at an accredited laboratory.

3. In my view, no exception can be taken to the said request. I, therefore, direct the second respondent to send the sample taken from the petition mentioned imported goods for re-testing to an accredited

laboratory. This exercise i.e., the dispatch to the accredited laboratory as well as obtaining the results, would be completed within a period of four weeks from the date of receipt of a copy of this order.

4. Writ Miscellaneous Petition is allowed, accordingly. 16.05.2025 Index: Yes/No Issue order copy by 20.05.2025.

ars/dk To

1. The Additional Commissioner of Customs (SIIB), Chennai III Commissionerate, Custom House, No.60, Rajaji Salai, Chennai - 600 001.

2. The Deputy Commissioner of Customs (SIIB), Chennai III Commissionerate, Custom House, No.60, Rajaji Salai, Chennai - 600 001.

3. The Assistant Commissioner of Customs (Group-1), Custom House, No.60, Rajaji Salai, Chennai - 600 001.

G.R.SWAMINATHAN , J.

ars/dk 16.05.2025