Vahitha Banu v. Airports Authority Of Inida
THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.06.2025
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE and W.M.P. No.24867 of 2025 Vahitha Banu ....
Petitioner -Vs1. Airports Authority of India, Operational Offices, Southern Region, Chennai International Airport, Meenambakkam, Chennai - 600 027.
2. The Commissioner of Customs (Appeals), Adjudication - AIR, New Custom House, Meenambakkam, Chennai - 600 027.
3. The Commissioner of Customs, Adjudication - AIR, New Custom House, Meenambakkam, Chennai - 600 027.
.... Respondents 1/5
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to consider the representation dated 21.04.2025 and consequently, direct the 2nd respondent to deduct the amount of Rs.2,50,000/- already paid by the petitioner at the time of bail and permit me to pay the remaining amount of Rs.4,50,000/-, in connection with Order No.OS.470/2024-AIU & OS.54/2024 INT-AIR, dated 10.03.2025.
For Petitioner : Mr.G.M. Gokul Ram For Respondents : Mr.J. Vasu Jr. Panel Counsel.
ORDER
Mr. J. Vasu, learned Junior Panel Counsel accepts notice for the respondents.
2. By consent of learned counsel on both sides, this writ petition is taken up for final hearing in the admission stage itself.
3. This writ petition has been filed for a Mandamus seeking for a direction to the 2nd respondent to pass final orders on the petitioner's representation, dated 21.04.2025, within a time frame to be fixed by this Court.
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4. According to the petitioner, she had brought gold from Abu Dhabi to Chennai without permission and she was arrested by the Customs Department. She claims that she was granted bail on furnishing a deposit of Rs.2,50,000/-. The payment receipt has also been filed along with this writ petition. The gold brought by the petitioner has also been confiscated by the respondents(Customs Department) and the confiscation order has also attained finality. The petitioner is not challenging the confiscation order. The petitioner claims that since Rs.2,50,000/- has already been paid for obtaining bail, the said amount has to be deducted from the fine amount imposed by the 2nd respondent, amounting to Rs.7,00,000/- and thus, the balance amount of Rs.4,50,000/- is alone payable by the petitioner. The petitioner has also given a representation on 21.04.2025 to the 2nd respondent for the said purpose. Since the representation, dated 21.04.2025 has not been considered, the petitioner has filed this writ petition.
5. No prejudice would be caused to the respondents, if the petitioner's representation as stated supra is considered on merits and in accordance with law, within a time frame to be fixed by this Court.
6. Accordingly, this Court directs the respondents 2 and 3 to pass final orders on the petitioner's representation, dated 21.04.2025 seeking 3/5
for a direction to the 2nd respondent to deduct the amount of Rs.2,50,000/- already paid by the petitioner at the time of bail and permit the petitioner to pay the remaining amount of Rs.4,50,000/-, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
7. With the aforesaid directions, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 20.06.2025 Index: Yes/ No Speaking order / Non speaking order vsi2 4/5
ABDUL QUDDHOSE, J.
vsi2 To :
1. Airports Authority of India, Operational Offices, Southern Region, Chennai International Airport, Meenambakkam, Chennai - 600 027.
2. The Commissioner of Customs (Appeals), Adjudication - AIR, New Custom House, Meenambakkam, Chennai - 600 027.
3. The Commissioner of Customs, Adjudication - AIR, New Custom House, Meenambakkam, Chennai - 600 027.
and W.M.P. No.24867 of 2025 20.06.2025 5/5