M/S. K.K.International v. The Assistant Commissioner Of Customs-Imports

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No. 21882 of 2023 and W.M.P(MD)No.18265 of 2023 M/s. K.K.International , Rep. by its Proprietor Surendra Singh.

... Petitioner - Vs. -

1. The Assistant Commissioner of Customs-Imports, Custom House, New Harbour Estate, Tuticorin-628 004

2. The Additional Commissioner of Customs (Imports), Custom House, New Harbour Estate, Tuticorin-628 004

3. The Deputy Director, Directorate of Revenue Intelligence, No.22/14, Celin Garden, Roche Colony, South Beach Road, Tuticorin-628 001.

...

Respondents 1/4

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to permit the petitioner to re-export the goods namely Unflavored Supari (Betelnut Product) classifiable under ITC (HS) code 21069030 covered under Bill of Entry No.7636317, dated 24.02.2022, on execution of Simple Bond, within a stipulated time considering the perishable nature of the goods that were detained/seized by the office of the respondents and direct the respondents to issue a Detention Certificate for waiver of demurrage and container detention charges in terms of Regulations 6(1) (I) of the Handling of Cargo in Customs Areas Regulations 2009 read with Regulation 10(1(I) of the Sea Cargo Manifest Transshipment Regulations 2018. For Petitioner : Mr.S.Krishnanand For R-1 & R-2 : Mr.N.Dilip Kumar, Senior Standing Counsel

ORDER

This Writ Petition is filed by the petitioner seeking direction to the respondents to permit them to re-export the goods.

2. Heard Mr.S.Krishnanand, the Learned counsel appearing for the Petitioner, Mr.N.Dilip Kumar, the Learned Senior Standing Counsel appearing for R-1 & R-2 and perused the material documents available on record. 2/4

3. This Court without going into the merits of the case, directing the respondents 1 & 2 to consider the request of the petitioner, within a period of Four weeks from the date of receipt of a copy of the order.

4. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Index :

Yes / No 14.09.2023 Internet :

Yes ksa To

1. The Assistant Commissioner of Customs-Imports, Custom House, New Harbour Estate, Tuticorin-628 004

2. The Additional Commissioner of Customs (Imports), Custom House, New Harbour Estate, Tuticorin-628 004

3. The Deputy Director, Directorate of Revenue Intelligence, No.22/14, Celin Garden, Roche Colony, South Beach Road, Tuticorin-628 001.

3/4

S.SRIMATHY, J ksa Order made in W.P.(MD)No. 21882 of 2023 14.09.2023 4/4