Msc Agency (India) Pvt Ltd, v. The Commissioner Of Customs
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.11.2016
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.34161 of 2016 MSC Agency (India) Private Limited, 1st Floor, KGN Towers, No.62, Ethiraj Salai, Egmore, Chennai-600 015.
Represented by its authorized signatory.
A.Umaibalan ... Petitioner
Versus
1. The Commissioner of Customs Import, (Chennai II), Office of the Customs Seaport, Custom House, Rajaji Salai, Chennai-600 001.
2. The Commissioner of Customs Import, (Chennai III), Office of the Customs Seaport, Custom House, Rajaji Salai, Chennai-600 001.
3. The Commissioner of Customs Import, (Chennai IV), Office of the Customs Seaport, Custom House, Rajaji Salai, Chennai-600 001.
4. The Commissioner of Customs Import, (Chennai V), Office of the Customs Seaport, Custom House, Rajaji Salai, Chennai-600 001.
5. The Assistant / Deputy Commissioner of Customs, SIIB, Custom House, Rajaji Salai, Chennai-600 001.
6. The Assistant / Deputy Commissioner of Customs, DIU, Custom House, Rajaji Salai, Chennai-600 001.
7. The Assistant / Deputy Commissioner of Customs, Warehouse & Disposal Unit, Custom House, Rajaji Salai, Chennai-600 001.
... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, to
direct the respondents to forthwith release and return to the petitioner, the 54 empty containers (morefully mentioned in Schedule A hereunder) without claiming any charges from the petitioner in terms of the order of the third respondent, dated 18.12.2015.
For Petitioner : Mr.P.Giridharan For Respondents : Mr.S.Rajasekar
O R D E R
Heard Mr.P.Giridharan, learned counsel appearing for the petitioner and Mr.S.Rajasekar, learned counsel appearing for the respondents.
2. The petitioner in this Writ Petition has prayed for a direction upon the respondent to forthwith release the 54 empty containers as described in Schedule A appended to Writ Petition in terms of the order passed by the Commissioner of Customs, (Chennai IV), dated 18.12.2015. Pursuant to the direction issued by this Court, a Status Report has been filed by the Deputy Commissioner of Customs (Legal), Custom House Chennai, giving status as regards the various containers for which the petitioner seeks for an order of release . For better appreciation, the entire Status Report is quoted herein below:- "STATUS REPORT MEDU 2322518 Balmer Pending Animal Quarantine (AQ) clearance.
Examination Report not available. NOC will be given after clearance from AQ.
MSCU 1179047 MEDU 2778365 MEDU 1724997 Thirurani NOC already issued MSCU 3009944
MEDU 1179721 Balmer NOC is granted after obtaining NOC from SIIB/DIU by UCC MSCU 6922134 TRLU 5736291 ALL Case has been adjudicated by Jt. Commr of Customs (Gr4).
Importer has not turned up for payment of duty, fine & penalty till date.
MSCU 8148834 CARGO Balmer MSCU 7245737 SANCO MEDU 2782489 VIKING The importer has abandoned the imported goods and Note has been forwarded to UCC.
TRLU 8149404 MEDU 3450508 MEDU 3636806 MSCU 3352233 TGHU 3493818 Sattva, Order dated 28.10.2016 has been issued to the CFS for de-stuffing of the goods & release of the containers.
MEDU 1477979 Manali MSCU 1842020 MSCU 1987575 TCLU 2132540 TPHU 6952626 MSCU 958456
GLDU 3227180 Sattva, Miscdeclaration by the importer, hence goods seized and SIIB investigation concluded & SCN issued.
Adjudication pending.
GLDU 5049339 Manali MEDU 1425701 MEDU 2010187 MEDU 3201059 MEDU 3340202 MSCU 2067334 MSCU 3796310 TGHU 3651940 TRLU 8925468 GATU 0967181 MEDU 1041115 MEDU 3378403 Sattva, MSCU 1342724 Manali Miscdeclaration by the importer, hence goods seized and SIIB investigation concluded & SCN issued.
Adjudication pending.
MSCU 2932216 MSCU 3955601 MSCU 6146745 MSCU 6702295 SEZU 7982344 TTNU 2936620
MSCU 712241 APMT Miscdeclaration by the importer, hence goods seized and SIIB investigation concluded & SCN issued.
Adjudication pending.
CLHU 2046548 SCN issued to the petitioner as to why the containers should not be confiscated.
Adjudication pending.
Petitioner called for Personal hearing on 04.11.2016.
MEDU 2371338 MLCU 2499783 MSCU 3653197 APMT MSCU 3950533 MSCU 6036291 Issues pending between the petitioner and Custodians as held by the Commissioner of Customs (CH-IV) Vide proceedings in S.Misc.No.22 / 2012-UCC, dated 27.07.2016 "
Based on the above information, the Writ Petition can be disposed of by passing the following order:- TOLU 8771789 MEDU 1889636 MSCU 2429876 Balmer AMFU 8542716 ICBC MSCU 8929009
(1) So far as serial No.6 is concerned, since NOC can be given only after obtaining clearance from Animal Quarantine, the Department is granted eight weeks time to obtain appropriate clearance from the Animal Quarantine and issue NOC and release the container within that period.
(2) So far as serial Nos.43 to 46, NOC has already been issued. Hence, no further direction is required.
(3) So far as serial Nos.2 and 3, NOC has already been issued. Hence, no further direction is required.
(4) So far as serial Nos.1, 18 and 21, NOC is directed to be issued by the respondents after de-stuffing the cargo, which would be done within a period of eight weeks from the date of receipt of a copy of this order.
(5) So far as serial No.47 is concerned since the importer has abandoned the cargo, the Department is directed to take fresh proceedings with regard to releasing the container within a period of eight weeks from the date of receipt of a copy of this order.
(6) So far as Serial Nos.42, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 17, order has already been passed. Hence, no further order is required.
(7) So far as Serial Nos.22 to 41, since the adjudication is pending, the adjudicating authority is directed to complete the adjudication and pass orders within a period of eight weeks from the date of receipt of a copy of this order.
(8) So far as Serial No.48, since the adjudication is pending, final orders shall be passed within a period of eight weeks from the date of receipt of a copy of this order.
(9) So far as Serial Nos.49 to 54, there appears to be some factual discrepancies raised by the petitioner stating that the Status Report does not give the correct information. In any event, if show-cause notice is pending or yet to be issued, the adjudication proceedings is directed to be proceeded with in accordance with law as expeditiously as possible.
(10) So far as Serial Nos.4, 5, 16, 19 and 20, since the issue is pending in Appeal, the petitioner is at liberty to workout his remedies in accordance with law.
3. With the above direction, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar r n s To
1. The Commissioner of Customs Import, (Chennai II), Office of the Customs Seaport, Custom House, Rajaji Salai, Chennai-600 001.
2. The Commissioner of Customs Import, (Chennai III), Office of the Customs Seaport, Custom House, Rajaji Salai, Chennai-600 001.
3. The Commissioner of Customs Import, (Chennai IV), Office of the Customs Seaport, Custom House, Rajaji Salai, Chennai-600 001.
4. The Commissioner of Customs Import, (Chennai V), Office of the Customs Seaport, Custom House, Rajaji Salai, Chennai-600 001.
5. The Assistant / Deputy Commissioner of Customs, SIIB, Custom House, Rajaji Salai, Chennai-600 001.
6. The Assistant / Deputy Commissioner of Customs, DIU, Custom House, Rajaji Salai, Chennai-600 001.
7. The Assistant / Deputy Commissioner of Customs, Warehouse & Disposal Unit, Custom House, Rajaji Salai, Chennai-600 001.
+1cc to Mr.S.Rajasekar, Advocate, S.R.No.63221 +1cc to Mr.P.Giridharan, Advocate, S.R.No.63213 W.P.No.34161 of 2016 RJ(CO) CA(02/12/2016)