High CourtsSingle Bench(2011) 04 MAD CK 0187

K.P. Manish Global Ingredients (P) Ltd. vs The Commissioner of Customs (Seaports-Exports) and The Deputy Commissioner of Customs (71/DFIA)

Madras High Court · Decided on 1 April 2011

HON’BLE JUDGES
M. Jaichandren, J
CASE NUMBER
Writ Petition No. 8414 of 2011 and M.P. No. 1 of 2011

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Judgment

13 paragraphs · 264 words

M. Jaichandren, J.—Heard the learned Counsel appearing for the Petitioner and the learned Counsel appearing for the Respondents.

2.

By consent of both the parties, the writ petition is taken up for hearing and disposal.

3.

The learned Counsel appearing on behalf of the Petitioner has submitted that Respondents may be directed to release the lactose (Pharma

Grade) imported by the Petitioner, under the Duty Free Import Authorisation Licencing Scheme, on the Petitioner paying 25% of the Basic

Customs Duty demanded by the Respondents, in cash or by Bank Guarantee, to the satisfaction of the first Respondent.

4.

The learned Counsel appearing on behalf of the Respondents had submitted that the Petitioner is not a regular importer and therefore, the bank

guarantee to be furnished by the Petitioner, in respect of the basic customs duty, has to be enhanced.

5.

In view of the averments made in the affidavit filed in support of the writ petition and in view of the submissions made by the learned Counsels

appearing on behalf of the parties concerned, the first Respondent is directed to release the lactose (Pharma Grade) imported by the Petitioner,

under the Duty Free Import Authorisation Licencing Scheme, without any undue delay, on the Petitioner paying 25% of the Basic Customs Duty

demanded by the Respondents, in cash or by Bank Guarantee, to the satisfaction of the first Respondent and on payment of all other dues leviable

on the Petitioner, by the respondents, as per law.

6.

The writ petition is disposed of, with the above directions. No costs. Consequently, connected miscellaneous petition is closed.