IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.1.2011 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.1087 of 2011 and M.P.No.1 of 2011 M/s.NHC Enterprises, Plot No.36, Old Jagruti Colony, Nr.Friends Colony, Katol Road, Nagpur, M.S.-440013. Rep.by its Proprietor Mr.Dinesh Eknath Kumbhare Petitioner Vs 1 THE COMMISSIONER OF CUSTOMS (SEAPORT-IMPORTS), CUSTOM HOUSE, NO.60, RAJAJI SALAI, CHENNAI-600 001. 2 THE ADDITIONAL COMMISSIONER OF CUSTOMS, (GROUP-7B), CUSTOMS HOUSE, NO.60 RAJAJI SALAI CHENNAI-600 001. 3 THE DIRECTOR GENERAL OF FOREIGN TRADE AND EX-OFFICIO ADDITIONAL SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF COMMERCE AND INDUSTRY, DEPARTMENT OF COMMERCE, NEW DELHI. RESPONDENTS Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents 1 and 2 herein to permit the clearance of the 120 units of the secondhand Digital Multifunction Print & Copying Machines imported vide Bill of Entry No.738571 dated 04.01.11 enhanced FOB value of US$ 27,140/- under free as second hand capital goods in terms of para 2.17 read with definition under para 9.12 of the Foreign Trade Policy of 2009-14 without imposing https://hcservices.ecourts.gov.in/hcservices/ any restriction in the absence of any specific restriction in para 2.17 of the policy and para 2.33 of the Handbook of procedures 2009-14 or any notification issued by the 3rd Respondent restricting the import of the said goods under Section 5 read with Section 3(2) of the Foreign Trade (Development and Regulation) Act 1992. For petitioner : Mr.N.Viswanathan For respondents : Mr.T.R.Senthilkumar for R1 and R2 Mr.R.Atchuthen Central Government Standing counsel for R3 O R D E R Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents 1 and 2, as well as the learned Central Government Standing Counsel appearing for the 3rd respondent. 2. The learned counsels appearing for both sides had submitted that the issue involved in this writ petition is covered by the judgment of this Court, dated 2.12.2010, in W.P.No.26964 of 2010, wherein, this Court, following the earlier order passed by the Division Bench of this Court, dated 21.10.2009, made in W.A.No.1508 of 2009 (THE COMMISSIONER OF CUSTOMS (IMPORTS), SEAPORT, CHENNAI AND ANOTHER Vs. M/S.POLYCRAFT EXPORTS (P) LTD., AND ANOTHER), had directed the petitioner to deposit 25% of the enhanced value, apart from paying the applicable rate of duty on the enhanced value. On complying with the above said conditions, the respondents are directed to release the goods, with liberty to the respondents to proceed further, in accordance with law. 3. Hence, following the order passed by this Court, on 2.12.2010, in W.P.No.26964 of 2010, the writ petition is disposed of, directing the petitioner to deposit 25% of the enhanced value, apart from paying the applicable rate of duty on the enhanced value. On complying with the above said conditions, the respondents are directed to release the goods, with liberty to the respondents to proceed further, in accordance with law. No costs. Connected M.P.No.1 of 2011 is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ arr To: 1 THE COMMISSIONER OF CUSTOMS (SEAPORT-IMPORTS), CUSTOM HOUSE, NO.60, RAJAJI SALAI, CHENNAI-600 001. 2 THE ADDITIONAL COMMISSIONER OF CUSTOMS, (GROUP-7B), CUSTOMS HOUSE, NO.60 RAJAJI SALAI CHENNAI-600 001. 3 THE DIRECTOR GENERAL OF FOREIGN TRADE AND EX-OFFICIO ADDITIONAL SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF COMMERCE AND INDUSTRY, DEPARTMENT OF COMMERCE, NEW DELHI. +1cc to Mr.T.R.Senthilkumar Sr.S.C Sr 3901 +1cc to Mr.R.Achuthan, CGSC Sr 3691 +2ccs to Mr.N.Viswanathan Sr 3535 RV(CO) km/20.1. Writ Petition No.1087 of 2011 https://hcservices.ecourts.gov.in/hcservices/