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Madras High CourtWP/28144/2016disposed of

M/S.Rainbow Traders v. The Commissioner Of Customs

2016-08-19Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.8.2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM Writ Petition No.28144 of 2016 & WMP.No.24277 of 2016 M/s.Rainbow Traders rep.by its Proprietrix Mrs.Kamalabai

...Petitioner

Vs 1.The Commissioner of Customs (Group 7H), Custom House, No.60, Rajaji Salai, Chennai-1.

2.The Joint/Additional Commissioner of Customs (Group 7H), Custom House, No.60, Rajaji Salai, Chennai-1.

3.The Deputy Commissioner of Customs (SIIB), Custom House, No.60, Rajaji Salai, Chennai-1.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents herein to release the goods viz. 250 Cartons of Garments, Accessories, Glass Beads (Assorted), 195 Cartons of Garments, Accessories, Hot Fix Paper, 150 Cartons of Toy Ball (A1 to A11), 13 Cartons of Garments Accessories, Iron Patches, 279 Cartons of Glass Stone for Ladies Footwear (Assorted) and 45 Cartons of Toy Baby Chair, imported vide Bill of Entry No.6191981 dated 1.8.2016 on the value declared by the petitioner at USD 24340.31 totally.

For Petitioner :

Mr.A.K.Jayaraj For Respondents :

Mr.Rajkumar Jhabakh, SPC

ORDER

Heard both.

2. This writ petition has been filed praying for the issuance of a Writ of Mandamus to direct the respondents to release the goods covered under Bill of Entry No.6191981 dated 1.8.2016.

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3. On instructions, the learned Senior Panel Counsel states that they are not investigating the case and that the Appraising Group may take up the Bill of Entry for further processing under the normal course on merits and as per law. This is found from the communication of the Deputy Commissioner of Customs (SIIB) dated 12.8.2016 to the Deputy/Assistant Commissioner of Customs, Group 7H.

4. In the light of the said stand taken by the third respondent, the writ petition is disposed of with a direction to the first respondent to release the consignment after completion of the formalities, within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, the above WMP is closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar To 1.The Commissioner of Customs (Group 7H), Custom House, No.60, Rajaji Salai, Chennai-1.

2.The Joint/Additional Commissioner of Customs (Group 7H), Custom House, No.60, Rajaji Salai, Chennai-1.

3.The Deputy Commissioner of Customs (SIIB), Custom House, No.60, Rajaji Salai, Chennai-1.

+1 cc to Mr.A.K.Jayaraj Advocate sr 47475/16 WP.No.28144 of 2016 & WMP.No.24277 of 2016 aa06/09/2016 https://hcservices.ecourts.gov.in/hcservices/