M/s. Chaitanya and Co., v. Superintendent of Customs
Court: High Court for State of Telangana
Bench: P.SAM KOSHY,N.TUKARAMJI
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-02-22. M/s. Chaitanya and Co., v. Superintendent of Customs. Read the judgment and case details on...
Judgment text
[ 337e ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE P. SAM KOSHY AND THE HONOURABLE SRI JUSTICE N. TUKARAMJI WRIT PETITION NO: 4741 OF 2024 Between: M/s- Chaitanya and Co. , rep. by its Managing Partner, Mr. Kuruvella Krishna Chaitanya, Shop No. 3, PIot No. 22, 23 and 24, Lotus Anjali Apartments, KPHB Colony, 5th Phase, Kukatpally, Hyderabad-s00 072. ... PETITIONER AND 1 Superintendent of Customs, (lCD-Thimmapur), Hyderabad Customs Co m m iss io nerate, Hyderabad. 2 Union of lndia, rep. by its Secretary, Ministry of Finance, Jeevan Deep Building, 3rd Floor, Sansad Marg, New Delhi-'l 10 001 . 3. Joint Commissioner of Customs, (lmports), GST Bhavan, Basheerbagh, Hyderabad-500 004. 4. Deputy Commissioner of Customs, lCD, Thimmapur-509 325, Telangana ...
RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of [\rlandamus or any other appropriate writ or order or direction setting aside the Seizure Memo date 26. 12. 2023 issued by the 1st Respondent as being without jurisdiction and contrary to the Foreign Trade Policy, 2023-24 and consequently direct the 1't Respondent to forthwith release the Petitioner's imported consignment of tvlu lti-Functio n Devices of 178 units under Bill of Entry dated 05. 1 2. 2023, bearing No. 9073960. lA NO: 1 OF 2024 Petition und,-. r Section '1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 1st Respondent to fo(hwith release the goods of 178 units of IVIFDs that have been seized under the Seizure lvlemo dated 26. 12.
2023, pending disposal of the Writ Petition, as otherwise the Petitioner will be put to severe loss and hardship. Counsel for the Petitioner : SRI KARTHIK RAMANA PUTTAMREDDY counser ror the R. spondents No. 1,3&o ' i$,? "? t',l)i". [[Tl]? L. ;"r cBrc) counser ror the R. spondents No'2 KUMAR, ;. Hr$i{ff1-=^ttEEN The Court made the following: ORDER THE HON'BLE SRI JUSTICE P. SAM KOSHY AND THE HON'BLE SRI JUSTICE N. TUKARAMJI W. P. No. 4741 of 2024 ORDER: (par Hon'ble Si KOSHY) lnstice P. SAM representing Heard Mr. Dwarkanath, learned Senior Counsel learned counsel for the petitioner, Mr. Mr. Karthik Ramana Puttamreddy, CBIC learned Senior Standing Counsel for Dominic Fernandes, and Mr. B' Mukherjee, learned appearing for respondent Nos. l, 3 and 4 Gadi Praveen Kumar, learned Deputy solicitpr counsel representing Mr. General of India appearing for Union of India/respondent No. 2. Perused the entire record. 2. ThechallengeinthepresentwritpetitionistotheSeizureMemo by respondent No.
1' dated26. 12. 2023 issued has been a statement made 3. Today when the matter is taken up, there in instant case has already before the Bench that the issue involved the petitions of by this very in two writ been considered and decided Bench w. P. No. 2014 0f 2024. Both of the identical nature i. e. w. P. No. 843 and and decided by order dated 08'02'2024' writ petitions stood allowed w 4. In view of the fact that identical issues have already been decided by this Benctr, vr'e are inclined to allow the instant writ petition also on identical ternrs. It is ordered that let the respondent authorities pass an order on the application filed by the petitioner for provisional release of the goods sutrject to the conditions that: a) The petitioner shall pay/deposit the enhanced duty amount. On receipt ,tf such enhanced duty amount paid by the petitioner, the goods in question shall be released within a period of four (M) weeks thereafter.
b) For payment of such duty, quantification shall be made by the Customs forthwith within one (01) week from the date of receipt of a copy of this order. On receipt of such quantificatiory the payment shall be immediately made by the petitioner and on receipt of the payment in entirety, the goods shall be released as indicated above at the outer limit of four (04) weeks. c) It is made clear that this order will not stand in the way for Customs Department to go ahead with the further proceedings includirLg the adjudication in the manner known to law. d) It is further made clear that so far as the condition of the petitioner that dernmurage charges till date, for the goods be considered for waiver, in this regard, if any application is filed by the petitioner seeking such a waiver of demrnurage charges, the same shall be conside:'ed and decided by the respondents objectiv6ly. l*-f 5.
In addition, the petitioner is also directed to provide a bank guarantee worth 10 percent of the total price of the goods imported by them. Further, it is also ordered that in the event if the petitioner upon release of the goods provisionally make and sell the supply to its customers, details of the customers that of relevant price and details of the respective transactions shall be maintained and made available to the respondent authorities from time to time. 6. The present Writ Petition accordingly stands allowed. However, there shall be no order as to costs. Consequently, miscellaneous petitions pending if any, shall stand closed. SD/-V. KAVITHA ASSISTANT REGISTRAR //TRUE COPYi/ J SEGTION OFFICER To, 1. The Superintendent of Customs, (lCD-Thimmapur), Hyderabad Customs Co m m iss io ne rate, Hyderabad. 2. The Secretary, I\i1inistry of Finance, Jeevan Deep Building, 3rd Floor, Sansad Marg, Union of lndia, New Delhi-l 10 001. 3.
The Joint Commissioner of Customs, (lmports), GST Bhavan, Basheerbagh, Hyderabad-500 004. 4. The D^eputy^Co1ryqs:lonelof Customs, lCD, Thimmapur-509 325, Tetangana. 5. One CC to SRI KARTHIK RAIVANA PUTTATVREDDY, Advocate. tOpUCJ 6. One CC to SRI DOIVINIC FERNANDES, (Senior Standing Couns6t For CB|C) loPUCl 7. Two CD Copies. BSK GJP Dv sou cnerv Ku$+Rr ' SRI C,*pt PRaveaNl R 6ne cc *o foar] 4. e_/ I I HIGH COUF. T DATED:2210212024 ,) &*, r. '. \ ;I $ c 'J_ t/ s ",'. ,,/ lli l. ,i ORDER WP. No. 4741 of 2024 ALLOWING THE WRIT PETITION WITHOUT COSTS AU{'e} t\v, \t,
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