Chamarthi Surya Prakash Raju v. Union of lndia

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, order or direction, more particularly in the nature of a writ of Mandamus declaring the inaction of lhe respondent-Customs authorities in not considering the petitioner's representations submitted on 21-11-2025 and in not passing orders under Section 124 of the Customs Act, 1962 as being illegal and arbitrary, and consequently direct the respondents to forthwith consider the petitioner's representation submitted on 21-11-2025 and pass appropriate orders assessing duty, if any, and release the petitioner's goods in accordance with law. lA NO: 1 OF 2025 Petition under Section 151 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 Respondents to consider the representation of the Petitioner submitted on 21-1 1-2025. Counsel for the Petitioner: SRI M. NAGA DEEPAK Gounsel for the Respondent Nos.1 and 2: SRI B. MUKHERJEE, REPRESENTING SRI N. BHUJANGA RAO, DEPUW SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos.3: SRI DOMINIC FERNANDES, SC FOR CUSTOMS DEPARTMENT The Court made the following: ORDER IN THE HIGI{ COURT I.'OR THE STATE OF TIILANGANA AT YDERAIIAD THE HONOT]RAI}LE SRI JUSTICE P.SAM KOSHY AND THE HONOURAI}LE SRI .ruS'TTCE SUDDAI,A CIIALAPATHI RAO WItIT I'}ll'III'lON No.37.192 of 2025 Date: 08.1 2.2025 Between: Chamarthi Surya Prakash Raju Union of India, Ministry of F-inance, New Delhi I I 0001, reprcsentcd by its Secretary and others. And ... petltloner Respondents ORDER, @e r llon bla Sri.Justitt P.Sun Koshy.) Heard Mr.Naga Deepak, leamed counsel for the petitioner; Mr.B.Mukher.lee. learned counsel representing lcained Deputy Solicitor General of India and Mr.Dominic Fernandes, leamed Senior Standing Counsel lbr thc Customs Department, leamed counsel for the respondents, respectively and perused the record. T'he instant writ petition has boen filed claiming lor the lbllowing

2. relief: "Tlrerefore in view of'the above it is humbly prayed that this Hon'ble Court rnay bc pleased to issue a Writ, order or direction, more particularly in the nature of a writ of Mandamus declaring thc inaction of thc respondent-Customs authorities il not considering the petitioner's representations i I I 1 2 submited on 21.11.2025 and in not passing orders under Section 124 of thc Clustoms Act, 1962 as being illegal and arbitraryl and conscquently direct the respondents to forthwith consider the petitioner's representation submitted on 21.1 1 .2025 and pass appropriate orders assessing duty, if any, and rclease the petitioner's goods in accordance rvith law: and pass such other ordcr or orders as this llon'ble Court may deem fit and proper in the interests ofjusticc.'-

3. The u,hole issue arose out of the seizurc u,hich $'as scized by the second respondcnt upon the petitioner travelling lrom Abu Dhabi to Hl,dcrabad bi'utihad Ainvays Flight 8Y358 on I l.l1.2025. Thc second respondent authorities seized the baggage of the petitioner and upon verilication of contents oF the same, it rvas lound that the baggagc contained the tbllowing arlicles in it rvhich rvcre seized vidc dctention receipt dated 12.11.2025 ..I PHONEIT PRO MAX 5.0 U I PhonelT PRO -28.0 U I WATCH SE-IO.O lJ DJI AIR 3S.4.0 U NIN'IENDO SWITCH 2- 2.0 U BLACK COLOR TROLLtsY- I.O IJ (iREY COLOR TROLLEY -1.0 U

4. It has been contended by leamed counsel lor the petitioner that the petitioner at this juncture is ready to pay whatcver the custom duty is assessed with and penalty and other charges that shall be imposed by the customs authorities which could entail the petitiDner fbr the release o{ the goods.

5. Learned Senior Standing Counsel for respondent No.3, on the other hand, contends that since the goods were seized only on .\. , l2.l1.2025, the proceedings under the Customs Act, 1962 (for short "the Act") have to be drawn strictly in accordance with the provisions spelt out under the Act. The petitioner submits that he has approached the authoritics by rva1, o[ represcntation dated 21.11.2025 asking thern to expcdite thc procecdings by asscssing rvhatever is the \ customs duty, penalty and other chargcs. which the petitioner would be required to pay for the release of thc said goods. I{owever, the grievance of the petitioner is that there has becn no further progress since then. Learned Standing Counscl submits that it is too early at this .iuncture to say that therc is no progress in the proceedings. 'I'he provisions of law have to be drarvn in a procedural manner as stipulated under the Act and which takes its own time. Leamed Standing Counsel further also highlighted the aspect that if at all if lor any reason notice under Section 124 has not bcen issued rvithin a period of six months, the petitioner would be automatically get the benefit and shall be entitled for release ofthe said goods.

6. Considering the submissions made on the part of counsel appearing on either side. we do not intend to keep the writ petition pending any further. I 4 7 . 'Ihe Writ Petition at this juncture stands disposed of directing the third respondent to take appropriate steps in accordance with the provisions of larv as expcditiously as possiblc. No costs. Conscquentl1', nriscel laneous petitions pending. i l- any. shal l stand closcd. To, //TRUE COPY' SD/-P.C. SULEKHA DEVI ASEISTANT REGISTBIq'+'-' =- / &\I;::= / l\l- \ SECTION OFFICER

1. The Secretary, Union of lndia, Ministry of Finance, North Block, New Delhi - 1 '10001 .

2. The Unit Commandant, Central lndustrial Security Force (CISF), RGIA Unit, Shamshabad, Hyderabad - 500409.

3. Office of the Deputy/Assistant Commissioner of Customs, Rajiv Gandhi lnternational Airport, Shamshabad, Hyderabad - 500409.

4. One CC to Sri M. Naga Deepak, Advocate [OPUC] 5. One CC to Sri N. Bhujanga Rao, Deputy Solicitor General of lndia [OPUC] 6. One CC to Sri Dominic Fernandes, SC for Customs Department[OPUC] 7. Two CD Copies TJ BS Yt- I I I HIGH COURT DATED:0811212025 ORDER WP.No.37492 ot 2025 HES rA i J$ 2 4 JtN 2026 :ii \\ i ( o O * DISPOSING OF THE WRIT PETITION WITHOUT COSTS a. .dA 'ek$ -.1\ \ \ d