M/S.Everwin Security Services (P)Ltd v. National Academy Of Customs Indirect Taxes And Narcotics,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2024

CORAM

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.24828 of 2022 and W.M.P.No.23760 of 2022 M/s.Everwin Security Services (P) Ltd., Represented by its Managing Director Mr.C.Murugan ... Petitioner Vs.

1. The National Academy of Customs Indirect Taxes and Narcotics, Through the Pr. Additional Director-General, No.3/89-E, AIEMA Road, Ambattur, Chennai-600 058.

2. The Secretary, Central Board of Direct Taxes and Customs, Department of Revenue, Ministry of Finance, Government of India.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Certiorarified Mandamus calling for the papers and proceedings culminating in the impugned order dated 23.05.2022 bearing reference No.F.No.NACIN/I/(22)/OTH/398/2020-ADMN-O/o Pr ADG-NACIN-ZC-CHENNAI and after considering the legality and propriety thereof, quash and set aside the same and consequently, direct respondents to remove the blacklisting order from the website of cbic.gov.in and/or any other 1/4

website where the same may have been posted due to the direct or indirect action of the Respondents and to jointly and severally compensate the petitioner with a sum of Rs.1,00,00,000/- (Rupees one Crore Only) for the total loss of the petitioner's business together with the loss of livelihood suffered by its employees on account of the illegal blacklisting of the petitioner willfully by the first respondent and in action of the 2nd respondent to prevent the same.

For Petitioner : Mr.J.Satheesh For Respondents 1 & 2 : Mr.A.P.Srinivas Senior Standing Counsel

ORDER

This writ petition has been filed challenging the papers and proceedings culminating in the impugned order dated 23.05.2022 bearing reference No.F.No.NACIN/I/(22)/OTH/398/2020-ADMN-O/o Pr ADG-NACIN-ZCCHENNAI thereby blacklisting the petitioner for a period of two years.

2. Now, the period of two years has been expired. However, blacklisting of the petitioner may not cause any impact on the petitioner's future prospects.

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3. With the above observation, this writ petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed. No costs.

05.06.2024 Index : Yes/No Speaking/Non-speaking Order gvn To

1. The National Academy of Customs Indirect Taxes and Narcotics, Through the Pr. Additional Director-General, No.3/89-E, AIEMA Road, Ambattur, Chennai-600 058.

2. The Secretary, Central Board of Direct Taxes and Customs, Department of Revenue, Ministry of Finance, Government of India.

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G.K.ILANTHIRAIYAN, J.

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