M/S.Durga Enterprises v. The Principal Commissioner of Customs (Chennai-Iii)

ORDER The petitioner seeks for re-export of the imported goods vide Bill of Entry No.7698878 dated 9.1.2025 and Bill of Lading No.ONEYSHAE99737600. The petitioner has submitted an application to that effect before the respondents. Since the same has not been considered till date, the petitioner has filed this writ petition.

2.Mr.J.Vasu, learned Junior Panel Counsel accepts notice on behalf of the respondents.

¶3The respondents have refused to release the imported goods to the petitioner on the ground that the petitioner has misclassified the value of the goods. DRI proceedings are pending against the petitioner with regard to the importation of the subject goods.

¶4The very same issue has already been dealt with by this Court in W.P.No.45725 of 2025, dated 25.11.2025, and in the said writ petition, this Court had directed the respondents to grant permission for re-export of the goods subject to fulfilment of the following conditions:-

(i) The petitioner shall execute a bond for the total value of the differential duty payable by them;

ii) The petitioner shall furnish a bank guarantee equivalent to 20% of the re-determined value; and

(iii) On the petitioner fulfilling the above two conditions, they shall be permitted to re-export the goods within a period of 12 days from the date of compliance of the above conditions.

¶5In this case as well, there has been a long delay for the release of the imported goods and therefore, the petitioner is seeking for re-export of the subject goods.

¶6The learned counsel for the petitioner on instructions would submit that the petitioner is willing to abide by the very same conditions as imposed by this Court in its order dated 25.11.2025 passed in W.P.No.45725 of 2025. Since the petitioner is also a similarly placed person, the same direction can be imposed in this case as well.

¶7As the issue involved in this case has already been settled by this Court in W.P.No.45725 of 2025, dated 25.11.2025, this writ petition is disposed of by directing the respondents to permit the petitioner to re-export the goods subject to fulfilment of the conditions imposed by this Court in W.P.No.45725 of 2025, dated 25.11.2025, extracted supra. Consequently, connected WMP is closed. No Costs. 23-01-2026 vga To

1.The Principal Commissioner Of Customs (chennai-iii) (preventive)custom House, No.60, Rajaji Salai, Chennai 600 001

2.The Intelligence Officer, Dri (hqrs.), Directorate Of Revenue Intelligence, 7th Floor, Drum Shaped Building , I.P Bhavan, I.P.Estate, New Delhi

3.The Special Officer, Ftwz M/s.Ndr Infrastructure Private Limited, Nandiambakkam, Ponneri Taluk, Chennai 600 120

4.The Additional Commissioner Of Customs (ndr-ftwz), O/o The Principal Commissioner Of Customs, Preventive Commissionerate, Custom House, No.60, Rajaji Salai, Chennai 600 WPeNo.e1439eofe2026 ABDULoQUDDHOSEoJ. vga WPoNo.o1439oofo2026 ANDoWMPoNO.o1590o OFo2026 23-01-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-01-2026 CORAM THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE WP No. 1439 of 2026 AND WMP NO. 1590 OF 2026 M/S.Durga Enterprises Rep by its proprietor Mr.M.Krishnamoorthy Petitioner(s) Vs 1. The Principal Commissioner Of Customs (chennai-iii) (preventive)custom House, No.60, Rajaji Salai, Chennai 600 001 2.The Intelligence Officer, Dri (hqrs.), Directorate Of Revenue Intelligence, 7th Floor, Drum Shaped Building , I.P Bhavan, I.P.Estate, New Delhi 3.The Special Officer, Ftwz M/s.Ndr Infrastructure Private Limited, Nandiambakkam, Ponneri Taluk, Chennai 600 120 4.The Additional Commissioner Of Customs (ndr-ftwz), O/o The Principal Commissioner Of Customs, Preventive Commissionerate, Custom House, No.60, Rajaji Salai, Chennai 600 Respondent(s) PRAYER directing the respondents herein to permit the petitioner to Re-Export the goods viz.384942.85 SQM,of Textile Fabrics coated with Plastics imported vide Bill of Entry No.7698878, dated 9.1.2025 and Bill of Lading No.ONEYSHAE99737600. For Petitioner(s): Mr.A.K. Jayaraj For Respondent(s): Mr.J.Vasu, JPC