Hydromet (India) Ltd v. Commissioner Of Customs (Imports)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14..03..2023 Coram The Honourable DR.JUSTICE ANITA SUMANTH Writ Petition No.14404 of 2020 and W.M.P.No.17892 of 2020 Hydromet (India) Ltd., Rep. by its Managing Director, Shri M.Venkatasubramani, Vedal Village, Rajkulam Post, Kanchipuram District 631 561.
..... Petitioner -Versus1.The Commissioner of Customs (Imports), Commissioner Adjudication Unit, Custom House, 60, Rajaji Salai, Chennai 600 001.
2.The Additional Director General, Directorate of Revenue Intelligence, H.No.10-2-289/57/1 & 2, 'Suryavanshi Residency', II Cross Road, Shantinagar,Masab Tank, Hyderabad 500 028.
.... Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records and quashing the proceedings dated 10.08.2020 of the 1st respondent in F. No. CAU/ DRI/ HZU/ 62/ 2019- CAU-II and directing that the 1st respondent grant cross examination in respect of all content sought to be relied on by the respondents in respect of the adjudication of show cause notice dated 25th October, 19 bearing F. No. DRI/ HZU/ 26C/ ENQ- 20 (INT-13)/ 2019 issued by the 2nd respondent (including crossexamination of the authors of articles / documents relied on in paragraphs 21.7 to 21.13 of the said show cause notice failing which the 1st respondent restrain from relying on any such content in the adjudication of the said SCN.
For Petitioner : Mr.P.R.Renganath For Respondents : Mr.V.Sundareswaran, Senior Standing Counsel for RR1 and 2
ORDER
Mr.P.R.Renganath, learned counsel for the petitioner does not pursue the prayer for certiorarified mandamus for cross examination and has filed a withdrawal memo dated 13.03.2023 since show cause notice, pursuant to which such request has been made, has itself been set aside in Writ Petition No.9878 of 2021 by order dated 25.10.2021. Since liberty
has been granted in order dated 25.10.2021 r/w 16.02.2022, the petitioner is equally entitled to re-agitate this writ petition should a need arise. This writ petition is dismissed as withdrawn with the above observation. No costs. Consequently, connected WMP stands closed. 14..03..2023 Index : yes / no : yes / no kmk To 1.The Commissioner of Customs (Imports), Commissioner Adjudication Unit, Custom House, 60, Rajaji Salai, Chennai 600 001.
2.The Additional Director General, Directorate of Revenue Intelligence, H.No.10-2-289/57/1 & 2, 'Suryavanshi Residency', II Cross Road, Shantinagar,Masab Tank, Hyderabad 500 028.
DR. ANITA SUMANTH.J., kmk 14..03..2023