IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.1.2011 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.310 of 2011 M/s.Sunitha Logistics 682, Hazari Pahad, Near Vayusena Nagar, Nagpur-440007, Maharashtra, Rep.by its Proprietor Mr.Prashant Mandalik Petitioner Vs 1 THE COMMISSIONER OF CUSTOMS (SEAPORT-EXPORTS), CUSTOM HOUSE, NO.60, RAJAJI SALAI, CHENNAI-600 001. 2 THE ADDITIONAL COMMISSIONER OF CUSTOMS (GROUP-7 B), CUSTOMS HOUSE NO.60 RAJAJI SALAI CHENNAI-1. 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 respondents 1 and 2 herein to permit the clearance of 121 units of secondhand Digital Multifunction Print and Copying Machines forming the subject matter, vide Bill of Entry No.736011 dated 31.12.10 enhanced C& F value of US$32,080/- under free import as second hand capital goods as provided under para 2.17 read with difinition under para 9.12 of the Foreign Trade Policey of 2009-14 without imposin any restriction in the absence of any specific 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. https://hcservices.ecourts.gov.in/hcservices/ For petitioner : Mr.P.Jagadeesan For respondents : Mr.T.R.Senthilkumar for R1 and R2 Mr.R.Atchuthen for R3 CGSC 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 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 To: 1 THE COMMISSIONER OF CUSTOMS (SEAPORT-EXPORTS), CUSTOM HOUSE, NO.60, RAJAJI SALAI, CHENNAI-600 001. https://hcservices.ecourts.gov.in/hcservices/ 2 THE ADDITIONAL COMMISSIONER OF CUSTOMS (GROUP-7 B), CUSTOMS HOUSE NO.60 RAJAJI SALAI CHENNAI-1. 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. 2 cc to Mr.P.Jagadeesan, Advocate, Sr.No.1430 1 cc to Mr.T.R.Senthil Kumar, Advocate & Senior Standing Consel for Customs, Excise & Service Tax Depts., Sr.No.1466 Writ Petition No.310 of 2011 KSK {CO} TP/7.1.2011. https://hcservices.ecourts.gov.in/hcservices/