Mohamed Imran Nissar v. The Additional Commissioner Of Customs

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 01.06.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.15297 of 2023 and WMP.Nos.14780 and 14781 of 2023 Mohamed Imran Nissar ... Petitioner Vs The Additional Commissioner of Customs (Adjudication-Air) Office of the Principal Commissioner of Customs, Commissionerate - 1, Chennai Airport, New Customs House, Meenambakkam, Chennai - 600 027.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorari to call for the recorders pertaining to the impugned order-in-original no.120/2022-23-Commissionerate I dated 12.07.2022 passed by the Respondent in F. No.O.S.No.DRI/CZU/VIII/ENQ1/INT-03/2020. For Petitioner : Mr.Gokul Raj.L For Respondent : Mr.H.Siddharth Junior Panel Counsel

O R D E R

Mr.H.Siddharth, learned Junior Panel Counsel accepts notice for the respondent.

2.Learned counsel for the petitioner seeks permission to withdraw this Writ Petition with liberty to approach the appellate authority by way of first appeal. He also made an endorsement to that effect. 3.In light of the endorsement made, this Writ Petition is dismissed as withdrawn granting liberty to the petitioner to approach the appellate authority by way of first appeal.

4.Since the petitioner states that certified copy of order has not been received by him thus far and there is no serious objection to this factual position, the petitioner is permitted, with the acquiescence of Mr.Siddharth, learned Junior Panel Counsel, to file a first appeal accompanied by a copy of the impugned order dated 12.07.2022.

5.Appeal, if filed within a period of two (2) weeks from today shall be entertained by the Registry of the Appellate Authority without reference to limitation or certified copy, but ensuring compliance with all other statutory conditions, including pre-deposit. No costs. Connected miscellaneous petitions are closed.

vs 01.06.2023 Index : Yes / No Speaking order

To The Additional Commissioner of Customs (Adjudication-Air) Office of the Principal Commissioner of Customs, Commissionerate - 1, Chennai Airport, New Customs House, Meenambakkam, Chennai - 600 027.

Dr.ANITA SUMANTH, J.

vs W.P.No.15297 of 2023 and WMP.Nos.14780 & 14781 of 2023 01.06.2023