Eburamusa Sherif v. The Principal Commissioner Of CustomsChennai I commissionerate
Case at a glance
Outcome
Disposed of
With the aforesaid directions, this writ petition is disposed of
Provisions considered
- Constitution of India art. 226
- Customs Act, 1962 s. 128
Key paragraphs
- Para 44. Necessarily, the Commissioner of Customs (Appeals), Chennai, has to dispose of the petitioner’s appeal one way or the other. No prejudice will be https://www.mhc.tn.gov.in/judis WP No. 2334 of 2026__________Page3 of 4caused to the Commissioner of Customs (Appeals), Chennai, if a direction is issued to…
Judgment
WP No. 2334 of 2026__________Page1 of 4IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 29-01-2026CORAMTHE HON'BLE MR JUSTICE ABDUL QUDDHOSEWP No. 2334 of 2026 Eburamusa Sherif..Petitioner(s)Vs1.The Principal Commissioner Of CustomsChennai I commissionerate, Anna International Airpor, MeenambakkamChennai-600 0272.The Additional Commissioner of customsChennai -Airport commissionerateRoom No.101, 1st floor, New custom HOuse, MeenambakkamChennai-600 027...Respondent(s)Writ petition is filed under Article 226 of the Constitution of India seeking for issuance of writ of certiorarified mandamus to call for records in and connected with decision in F.No.DRI/CZU/VIII/48/ENQ-1/INT-52/2022 dated 2.1.2026 quash the same and further direct the 2nd respondent to keep the adjudication of Show cause Notice in F.No.DRI/CZU/VIII/48/ENQ-01/INT-52/2022 dated 24.11.2023 in abeyance and in call book pending the appeal of the petitioner under section 128 of the Customs Act 1962 filed before the commissioner of customs (Appeals) chennai against the decision of the 2nd respondent dated 3.11.2025. https://www.mhc.tn.gov.in/judis WP No. 2334 of 2026__________Page2 of 4For Petitioner(s):Mr.N.BalajiFor Respondent(s):Mr.J.Vasu, JPCORDERThis writ petition has been filed challenging the impugned order rejecting the petitioner’s request for cross-examination of the witness.
Admittedly, even according to the petitioner, the impugned order is a speaking order. Only pursuant to the directions issued by this Court in the earlier writ petition filed by the very same petitioner, the application seeking permission to cross-examine the witness was considered under the impugned order. Since the impugned order is a speaking order, this Court expressed its view that the same cannot be challenged through a writ petition. The petitioner claims that the petitioner has already filed an appeal as against the impugned order before the Commissioner of Customs (Appeals), Chennai.
The learned counsel for the petitioner now has made an endorsement in the court bundle stating that a direction may be issued to the Commissioner of Customs (Appeals), Chennai, to dispose of the appeal filed as against the impugned order, within a time frame to be fixed by this Court.
Operative part
Necessarily, the Commissioner of Customs (Appeals), Chennai, has to dispose of the petitioner’s appeal one way or the other. No prejudice will be https://www.mhc.tn.gov.in/judis WP No. 2334 of 2026__________Page3 of 4caused to the Commissioner of Customs (Appeals), Chennai, if a direction is issued to dispose of the petitioner’s appeal, within a time frame to be fixed by this Court. Accordingly, without expressing any opinion on the merits of the petitioner’s appeal, this Court directs the Commissioner of Customs (Appeals), Chennai, to dispose of the petitioner’s appeal within a period of four weeks from the date of receipt of a copy of this order. However, this Court is not expressing any opinion on the maintainability of the petitioner’s appeal, and it is left open for the Commissioner of Customs (Appeals), Chennai, to decide the question of maintainability of the appeal filed by the petitioner in accordance with law. With the aforesaid directions, this writ petition is disposed of. No Costs. W.M.P.No.2592 of 2026 is ordered. W.M.P.No.2593 of 2026 is closed.29-01-2026Neutral Citation: Yes/NoRKMTo1.The Principal Commissioner Of CustomsChennai I commissionerate, Anna International Airpor, New custom House, MeenambakkamChennai-600 0272.The Additional Commissioner of customsChennai -Airport commissionerateRoom No.101, 1st floor, New custom HOuse, MeenambakkamChennai-600 027 https://www.mhc.tn.gov.in/judis WP No. 2334 of 2026__________Page4 of 4ABDUL QUDDHOSE, J.RKMWP No. 2334 of 202629-01-2026
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With the aforesaid directions, this writ petition is disposed of
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Customs Act, 1962 — s. 128.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.