Sheik Abdullah v. The Joint Commissioner Of Customs (Preventive)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)Nos.6231 and 6232 of 2024 Sheik Abdullah ... Petitioner versus The Joint Commissioner of Customs (Preventive), Office of the Commissioner of Customs (Preventive), No.1, William Road, Contonment, Tiruchirappalli.
... Respondent Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorari, to call for the records pertaining to the impugned order passed by the respondent in his proceedings GEN/ADJ/JC/38/2023-ADJN dated 15.12.2023 and the corrigendum order in File No.GEN/ADJ/JC/38/2023-ADJN dated 05.01.2024 and quash the same as illegal.
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For Petitioner : Mr.T.Lenin Kumar For Respondent : Mr.N.Dilipkumar, Standing Counsel
ORDER
The order of confiscation dated 15.12.2023 is challenged in this writ petition.
2. The learned Standing Counsel appearing for the respondent submits that the petitioner is having an appeal remedy, however, without exhausting the same, the petitioner has filed this writ petition. According to him, the order of confiscation dated 15.12.2023 was followed by corrigendum order dated 05.01.2024. Therefore, the petitioner can very well file an appeal before the appellate authority, within the statutory period of 60 days.
3. Since the petitioner is having an appeal remedy and he has filed this writ petition without exhausting the same, this writ petition is 2/4
disposed of with liberty to the petitioner to file an appeal before the appellate authority, within a period of one week from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed.
20.03.2024 ogy NCC : Yes / No.
Index : Yes / No.
Internet : Yes / No.
To The Joint Commissioner of Customs (Preventive), Office of the Commissioner of Customs (Preventive), No.1, William Road, Contonment, Tiruchirappalli.
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B.PUGALENDHI, J.
ogy 20.03.2024 4/4