IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 01-04-2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.8414 of 2011 and M.P.No.1 of 2011 M/s.K.P.Manish Global Ingredients (P) Ltd., No.41, Raghunayakulu Street, Chennai-600 003, By its Director Manish Kumar P.Jain .. Petitioner. Versus 1. The Commissioner of Customs (Seaports-Exports), No.33, Rajaji Salai, Customs House, Chennai-600 001. 2. The Deputy Commissioner of Customs (71/DFIA), No.33, Rajaji Salai, Customs House, Chennai-600 001. .. Respondents. Prayer: Petition filed seeking for a writ of Mandamus, directing the respondents to release the imported goods of the petitioner, viz;., Lactose (Pharma Grade) under the benefit of Duty Free Import Authorization Scheme (DFIA), pending clearance at the hands of the respondents. For Petitioner : Mr.S.Baskaran For Respondents : Mr.S.Yashwant O R D E R 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. https://hcservices.ecourts.gov.in/hcservices/ 3. 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. 4. 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 responents, as per law. The writ petition is disposed of, with the above directions. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar csh 1. The Commissioner of Customs (Seaports-Exports), No.33, Rajaji Salai, Customs House, Chennai-600 001. 2. The Deputy Commissioner of Customs (71/DFIA), No.33, Rajaji Salai, Customs House, Chennai-600 001. 1 cc to Mr.S.Baskaran, Advocate, Sr.No.23511 Writ Petition No.8414 of 2011 DM {CO} TP/1.4.2011. https://hcservices.ecourts.gov.in/hcservices/