✦ High Court of India · 25 Apr 2025

Madrasdated High Court · 2025

Case Details High Court of India · 25 Apr 2025

Court

High Court of India

Decided

25 Apr 2025

Bench

ABDUL QUDDHOSE

Length

1,729 words

WP No. 28951 of 20241. M/s.A.S.FoodsRep. By Its Proprietor Mohammad Shoaib, No.518, 5th Floor, Indraprakash Building, Barakhamba Road, Connaught Place, Delhi-110 001.Petitioner(s)Vs1. The Assistant Commissioner Of CustomsDock Intelligence Unit/preventive Commissionerate, Chennai Customs House, Rajaji Salai, Chennai-600 001.Respondent(s)WP No. 32455 of 20241. M/s.Sarah FoodsRep. By Its Proprietor Mohammad Zulfiquar, C-16, Third Floor, Guru Nank Pura, Lakshmi Nagar, Delhi-110 092.Petitioner(s)Vs1. The Assistant Commissioner Of CustomsDock Intelligence Unit/preventive Commissionerate, Chennai Customs House, Rajaji Salai, Chennai-600 001.Respondent(s)WP No. 34362 of 20241. M/s.Cara Frozen FoodsRep By Its Proprietor Mr. Aslam https://www.mhc.tn.gov.in/judis WP No. 28951 of 2024Shaikh, 03, Near Kena Market, Tata Nagar, Govandi (w), Mumbai- 400 43 Maharashtra.Petitioner(s)Vs1. The Principal Commissioner Of Customs (exports)Custom House, No.60, Rajaji Salai, Chennai- 001.2.The Additional Commissioner Of Customs (diu)Custom House, No.60, Rajaji Salai, Chennai- 001.3.The Assistant / Deputy Commissioner Of Customs (diu(Custom House, No.60, Rajaji Salai, Chennai- 001.4.THE ADDITIONAL COMMISSIONER OF CUSTOMS (eXPORTS)Custom House, No.60, Rajaji Salai, Chennai- 001.Respondent(s)WP No. 34893 of 20241. M/s.Premium Food Exports,Rep. By Its Proprietor Shahnawaz, Room No.1, 204, Uncha Saddiqq Nagar, Near Babu Miya Mothi, Meerut-250 002, Uttar Pradesh. https://www.mhc.tn.gov.in/judis WP No. 28951 of 2024Petitioner(s)Vs1. The Principal Commissioner Of Customs (exports),Customs House, No.60, Rajaji Salai, Chennai-600 0012.The Additional Commissioner Of Customs (diu)Customs House, No.60, Rajaji Salai, Chennai-600 0013.The Assistant / Deputy Commissioner Of Custom (diu)Customs House, No.60, Rajaji Salai, Chennai-600 0014.The Additional Commissioner Of Customs (exports)Customs House, No.60, Rajaji Salai, Chennai-600 001Respondent(s)WP No. 28951 of 2024PRAYERdirecting the respondent to immediately shut out the cargo, cancel the bills in shipping bill 3169449 dated 13.8.2024 and enable the petitioner to immediately shift out the petitioners cargo from the respondents custodyWMP No. 37233 of 2024PRAYERTo direct the Respondents herein to Release / Return the Goods for taking back the goods to Town comprising of 24.00 MTS ., Viz., 24,000 kgs., viz., 1200 cartons of frozen Boneless Buffalo Meat presented for export vide Shipping Bill https://www.mhc.tn.gov.in/judis WP No. 28951 of 2024No. 3858202, dated 09.09.2024 provisionally on execution of simple Bond by the Petitioner, pending disposal of the above writ petition.WMP No. 37830 of 2024PRAYERTo direct the respondents herein to Release / Return the goods for taking back the goods to Town comprising of 28,494 mts viz., 1471 cartons of Indian Halal Forzen Boneless Buffalo Meat presented for export vide Shipping Bill No.3854049 dated 09.09.2024 provisionally on execution of simple bond by the petitioner pending disposal of the above writ petitionWP No. 28956 of 2024PRAYERdirecting the respondent to immediately shut out the cargo, cancel the bills in SB.No 3155427 and 3156024 dated 12.8.2024 and enable the petitioner to immediately shift out the petitioners cargo from the respondents custodyWP No. 32447 of 2024PRAYERdirecting the respondent to immediately shut out the cargo, cancel the bills in Shipping Bill Nos. 3857105 dated 09.09.2024, 3857123 dated 09.09.2024, 3857153 dated 09.09.2024, 3859164 dated 09.09.2024, 3920907 dated 11.09.2024 and 3924186 dated 11.09.2024 and enable the petitioner to immediately shift out the petitioners cargo from the respondents custody and passWP No. 32450 of 2024PRAYERdirecting the respondent to immediately shut out the cargo, cancel the bills in SB Nos. 3903969 dated 10.09.2024 and enable the petitioner to immediately shift out the petitioners cargo from the respondents custody and passWP No. 32454 of 2024PRAYERdirecting the respondent to immediately shut out the cargo, cancel the bills in Shipping Bill Nos. 3882867 dated 10.09.2024 and enable the petitioner to https://www.mhc.tn.gov.in/judis WP No. 28951 of 2024immediately shift out the petitioners cargo from the respondents custody and passWP No. 32455 of 2024PRAYERdirecting the respondent to immediately shut out the cargo, cancel the bills in Shipping Bill Nos. 3927980 dated 11.09.2024 and enable the petitioner to immediately shift out the petitioners cargo from the respondents custody and passWP No. 34362 of 2024PRAYERDirecting the respondents herein to grant permission to shutout the cargo / taking back the cargo to Town and to release the goods comprising of 24.00 MTS ., Viz., 24,000 kgs., viz., 1200 cartons of frozen Boneless Buffalo Meat presented for export vide Shipping Bill No. 3858202, dated 09.09.2024.WP No. 34893 of 2024PRAYERDirecting the respondents herein to grant permission to Shutout the Cargo / taking back the cargo to Town and to release the goods comprising of 28,494 mts viz., 1471 cartons of Indian Halal Forzen Boneless Buffalo Meat presented for export vide Shipping Bill No.3854049 dated 09.09.2024WP No. 28951 of 2024For Petitioner(s):A.B.Fathima SulthanaS.KrishnamoorthyFor Respondent(s):M/s. Revathi Manivannan For Respt. Memo Dt 01/10/2024Mr.M.Santhanaraman Ssc For R1 Memo Dt 15/10/2024 https://www.mhc.tn.gov.in/judis WP No. 28951 of 2024ORDERIt is represented by the learned senior standing counsel appearing for the respondent that in W.P. Nos.28951, 28956, 32447, 32450, 34362 and 34893 of 2024, pursuant to the interim directions issued by this Court on 20.11.2024, the competent authority has rejected the request of the respective petitioners, seeking for provisional release of the cargo by rejection orders dated 05.03.2025 and 10.03.2025. In view of the same, he would submit that the respective petitioners will have to challenge the said orders if they are aggrieved by the same. Therefore, he would submit that the aforesaid writ petitions have now become infructuous. 2. Learned counsel appearing for the respective petitioners in the aforesaid writ petitions seek liberty for the petitioners to challenge the orders dated 05.03.2025 and 10.03.2025 passed by the respondent, pursuant to the interim directions given by this Court on 20.11.2024. No prejudice will be caused if such a liberty is granted. Since final orders have been passed by the competent authority on 05.03.2025 and 10.03.2025, the aforesaid writ petitions https://www.mhc.tn.gov.in/judis WP No. 28951 of 2024have now become infructuous. Accordingly, W.P. Nos.28951, 28956, 32447, 32450, 34362 and 34893 of 2024 are disposed of. However, liberty is granted to the writ petitioners to challenge the rejection orders passed by the competent authority dated 05.03.2025 and 10.03.2025, rejecting the respective petitioner's request for provisional release of cargo in the manner known to the petitioners under law.25-04-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NoNote: Post the matter in W.P.Nos.32454 and 32455 of 2024 on 13.06.2025. https://www.mhc.tn.gov.in/judis WP No. 28951 of 2024WP No. 28951 of 2024To1.The Assistant Commissioner Of CustomsDock Intelligence Unit/preventive Commissionerate, Chennai Customs House, Rajaji Salai, Chennai-600 001WMP No. 37233 of 2024To1.The Principal Commissioner Of Customs (exports)Custom House, No.60, Rajaji Salai, Chennai- 001.2.The Additional Commissioner Of Customs (diu)Custom House, No.60, Rajaji Salai, Chennai- 001.3.The Assistant / Deputy Commissioner Of Customs (diu(Custom House, No.60, Rajaji Salai, Chennai- 001.4.THE ADDITIONAL COMMISSIONER OF CUSTOMS (eXPORTS)Custom House, No.60, Rajaji Salai, Chennai- 001. https://www.mhc.tn.gov.in/judis WP No. 28951 of 2024WMP No. 37830 of 2024To1.The Principal Commissioner Of Customs (exports),Customs House, No.60, Rajaji Salai, Chennai-600 0012.The Additional Commissioner Of Customs (diu)Customs House, No.60, Rajaji Salai, Chennai-600 0013.The Assistant / Deputy Commissioner Of Custom (diu)Customs House, No.60, Rajaji Salai, Chennai-600 0014.The Additional Commissioner Of Customs (exports)Customs House, No.60, Rajaji Salai, Chennai-600 001WP No. 28956 of 2024To1.The Assistant Commissioner Of CustomsDock Intelligence Unit/preventive Commissionerate, Chennai Customs House, Rajaji Salai, Chennai-600 001 https://www.mhc.tn.gov.in/judis WP No. 28951 of 2024WP No. 32447 of 2024To1.The Assistant Commissioner Of CustomsDock Intelligence Unit/preventive Commissionerate, Chennai Customs House, Rajaji Salai, Chennai-600 001.WP No. 32450 of 2024To1.The Assistant Commissioner Of CustomsDock Intelligence Unit/preventive Commissionerate, Chennai Customs House, Rajaji Salai, Chennai-600 001.WP No. 32454 of 2024To1.The Assistant Commissioner Of CustomsDock Intelligence Unit/preventive Commissionerate, Chennai Customs House, Rajaji Salai, Chennai-600 001.WP No. 32455 of 2024To1.The Assistant Commissioner Of https://www.mhc.tn.gov.in/judis WP No. 28951 of 2024CustomsDock Intelligence Unit/preventive Commissionerate, Chennai Customs House, Rajaji Salai, Chennai-600 001.WP No. 34362 of 2024To1.The Principal Commissioner Of Customs (exports)Custom House, No.60, Rajaji Salai, Chennai- 001.2.The Additional Commissioner Of Customs (diu)Custom House, No.60, Rajaji Salai, Chennai- 001.3.The Assistant / Deputy Commissioner Of Customs (diu(Custom House, No.60, Rajaji Salai, Chennai- 001.4.THE ADDITIONAL COMMISSIONER OF CUSTOMS (eXPORTS)Custom House, No.60, Rajaji Salai, Chennai- 001.WP No. 34893 of 2024To1.The Principal Commissioner Of https://www.mhc.tn.gov.in/judis WP No. 28951 of 2024Customs (exports),Customs House, No.60, Rajaji Salai, Chennai-600 0012.The Additional Commissioner Of Customs (diu)Customs House, No.60, Rajaji Salai, Chennai-600 0013.The Assistant / Deputy Commissioner Of Custom (diu)Customs House, No.60, Rajaji Salai, Chennai-600 0014.The Additional Commissioner Of Customs (exports)Customs House, No.60, Rajaji Salai, Chennai-600 001 https://www.mhc.tn.gov.in/judis WP No. 28951 of 2024ABDUL QUDDHOSE J.WP No. 28951 of 2024AND WMP NO. 37233 OF 2024,WMP NO. 37830 OF 2024,WP NO. 28956 OF 2024,WP NO. 32447 OF 2024,WP NO. 32450 OF 2024,WP NO. 32454 OF 2024,WP NO. 32455 OF 2024,WP NO. 34362 OF 2024,WP NO. 34893 OF 2024 https://www.mhc.tn.gov.in/judis WP No. 28951 of 202425-04-2025

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