Shri.Murugula Shabbir Shaik v. The Additional Commissioner Of Customs(Siib)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-05-2025
CORAM
THE HONOURABLE MRS JUSTICE N. MALA WMP NO. 12578 of 2025 in WP NO. 11142 of 2025 Shri.Murugula Shabbir Shaik Proprietor Of M/s.Smr Infra, No.11-1-46/1a, Opposite Medical Hall, Santhosh Nagar, Kandukur, Andhra Pradesh 523105.
Petitioner(s) Vs The Additional Commissioner Of Customs(SIIB) Chennai III Commissionerate, Custom House No.60 Rajaji Salai, Chennai 600001. and 2 Others Respondent(s) For Petitioner(s): Mr.Hari Radhakrishnan For Respondent(s): Mr.S.M.Deenadayalan, Standing Counsel
ORDER
This miscellaneous petition has been filed to issue an interim direction directing the 1st and 2nd respondents to provisionally release the container covered under bill of entry no.6948032 dated 29.11.2024 that has been found to be free from pathogens, pending disposal of the writ petition.
2.Heard learned counsel for the petitioner and the learned Standing Counsel appearing on behalf of the respondents.
3.The communication dated 21.04.2025 of the Office of the Chief Commissioner of Customs, reveals that out of three import consignments, two consignments pertaining to B/E.Nos.6463300 dated 02.11.2024 and 6948609 dated 29.11.2024 were found to have tested positive for pathogens, thereby making them unfit for human and animal consumption, and the third consignment covered under B/E.No.6948032 dated 29.11.2024, was found free from contamination. In the light of the said report, necessary instructions were conveyed by the Preventive Commissionerate to the Import Commissionerate for provisional release of the goods covered by the 3rd consignment. 4.In the light of the above communication dated 21.04.2025, and considering the nature of consignment, which are perishable goods, the 3rd respondent is directed to release the 3rd consignment in B/E.No.6948032 dated 29.11.2024, within a period of one week from the date of receipt of copy of this order.
5.Post on 03.06.2025.
08-05-2025 ssr/tsh To
1. The Additional Commissioner Of Customs(SIIB) Chennai III Commissionerate, Custom House No.60 Rajaji Salai, Chennai 600001.
2. The Deputy Commissioner Of Customs(SIIB) Chennai III Commissionerate, Custom House No.60 Rajaji Salai, Chennai 600001.
3. The Assistant Commissioner Of Customs (Group I) Custom House No.60 Rajaji Salai, Chennai 600001.
N. MALA.J., ssr WMP NO. 12578 of 2025 in WP NO. 11142 of 2025 08.05.2025 (3/3)