Marzook Ali v. The Principal Commissioner Of Customs

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-11-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND WMP NOs. 47040 , 47042, 47044, 47037 and 47039 OF 2025

1. Marzook Ali Ward No 2/50 West 2nd Street, Nambuthalai Village, Ramnad District Presently Residing At Door No 11a, Lakmi Nagar, 2nd Cross Street, Chrompet Chennai 600 044 Petitioner(s) Vs

1. The Principal Commissioner Of Customs Air Cargo Complex, Anna International Airport Meenambakkam Chennai 16 2.The Principal Commissioner Of Customs Tiruchirapalli International Airport, Old Terminal Building Trichy Airport, Tirchy 620 007 3.The Principal Commissioner Of Customs CSM International Airport Mumbai 400 099 4.The Principal Commissioner Of Customs

Petrapole Custom Preventive Unit, North 24 Parganas House Bangaon, Kolkata 743 405 5.Chief Immigration Officer Anna International Airport, Meenambakkam Chennai 6.Chief Immigration Officer Trichirapalli International Airport, Old terminal Building Tiruchy Airport, Trichy 620 007 7.The Senior Intelligence Officer Directorate Of Revenue Intelligence Regional Unit, T. Nagar Chennai Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of Certiorari Mandamus to Call for the records of the impugned order of customs personal penalty of Rs 10,00,000/-(Rupees ten Lakhs) issued against petitioner in PRP. SI No 05/ 2017 dated 11.01.2018 in OS. No 69/ 2015 dated 12.02.2015 and quash the same as it is illegal, arbitrary, unconstitutional and grant any other relief that this Court may deem fit and proper in the facts and circumstances of the case.

For Petitioner(s): Mr.G.Dakshinamurthy For Respondent:

Mr.K.S.Ramaswamy Senior Standing counsel for R1 to R4

Mr. K.Subbu Ranga Bharathi Central Government Counsel for R5 and R6 Mr.S.T.Bharath Gowtham for R7

ORDER

This writ petition has been filed challenging the impugned proceedings of the 1st respondent dated 11.01.2018 and the proceedings dated 12.02.2015.

2.

Heard Mr.G.Dakshinamurthy, learned counsel for the petitioner and Mr.K.S.Ramaswamy, learned Senior Standing counsel for Respondents 1 to 4 and Mr. K.Subbu Ranga Bharathi, learned Central Government Counsel for Respondents 5 and 6 and Mr.S.T.Bharath Gowtham, learned counsel for 7th respondent. 3.

In the considered view of this Court, the present writ petition cannot be entertained on the ground of laches. The proceedings that have been put to challenge is of the year 2018. There is absolutely no proper explanation in the affidavit filed in support of the writ petition for an exorbitant delay of nearly 7 years in filing the writ petition. Even though writ jurisdiction is not

governed by law of limitation, laches is certainly a ground where the Court can refuse to exercise its discretion.

4.

In view of the above, this Court is not inclined to entertain this writ petition and accordingly, the same stands dismissed. No costs. Consequently, all connected miscellaneous petitions are closed. 11-11-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Principal Commissioner Of Customs Air Cargo Complex, Anna International Airport Meenambakkam Chennai 16 2.The Principal Commissioner Of Customs Tiruchirapalli International Airport, Old Temrinal Building Trichy Airport, Tirchy 620 007 3.The Principal Commissioner Of Customs Csm Interinational Airport Mumbai 400 099 4.The Principal Commissioner Of Customs Petropole Custom Preveentive Unit, North 24 Parganas House Bangaon, Kolkata 743 405 5.Chief Immigration Officer Anna International Airport, Meenambakkam Chennai 6.Chief Immigration Officer Trichirapalli International Airport, Old Teminal Building Tiruchy Airport, Trichy 620 007 7.The Senior Intelligence Officer Directorate Of Reveneu Intlligence Regional Unit, T. Nagar Chennai

N.ANAND VENKATESH J.

rka WP No. 42000 of WMP NO. 47040, 47042 , 47044, 47037 and 47039 OF 2025 11-11-2025