M/S Sandhya Aqua Exports Private Limited v. The Deputy Commissioner of Customs (Brc-Dbk)

ORDER The present writ petition has been filed challenging the impugned exparte order in original No.112385/2025 dated 13.03.2025 on the short ground that neither show causes notice dated 20.03.2023 nor personal hearings fixed on

06.03.2024, 14.03.2024 and 25.03.2024, were served on petitioner nor intimated to petitioner.

¶2To a pointed question to learned Standing Counsel for respondents, whether there is any material to show that show cause notice had been served on petitioner and the personal hearings had been duly intimated in terms of Section 153 of the Customs Act to petitioner, he would submit that there is no material to support, while asserting that show cause notice was in fact served and personal hearings were in fact intimated.

¶3Heard the counsels and perused the materials available on record.

¶4In the absence of any material to demonstrate that notices were actually served as was sought to be asserted, this Court is inclined to dispose of writ Page3 of 5 petition with following directions:

i) Impugned order dated 13.03.2025 is set aside;

ii) Petitioner shall treat the impugned order as a show cause notice and submit his reply/objection before the adjudicating authority, within a period of two weeks from the date of receipt of a copy of this order;

iii) The adjudicating authority shall proceed to pass final orders, in accordance with law, within a period of four weeks thereafter, after affording petitioner an opportunity of hearing.

¶5Accordingly, the writ petition stands disposed of. There will be no order as to costs. Consequently, connected miscellaneous petitions are closed. 25-03-2026 Index: Yes/No Speaking/Non-speaking order MRN Page4 of 5 To

¶1The Deputy Commissioner of Customs (BRC-DBK) O/o The Commissioner of Customs, Chennai IV, Export Commissionerate, No 60, Rajaji Salai, Customs House, Chenani 600 001.

¶2The Assistant Commissioner of Customs, O/o The commissioner of Customs, Chennai IV, No.60, Rajaji Salai, Customs House, Chennai 600 001. Page5 of 5

MOHAMMED SHAFFIQ, J. MRN 25-03-2026

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-03-2026 CORAM THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ WP No. 6974 of 2026 and WMP Nos.7585 and 7586 of 2026 M/s Sandhya Aqua Exports Private Limited, MIG-25a, Lawsonsbay Colony, Near Post Office, Vishakapatnam, Andhra Pradesh-530 017. ..Petitioner Vs 1. The Deputy Commissioner of Customs (BRC-DBK), O/o. The Commissioner of Customs, Chennai IV, Export Commissionerate, No.60, Rajaji Salai, Customs House, Chennai- 600 001. 2. The Assistant Commissioner of Customs, O/o The Commissioner of Customs, Chennai IV, No.60, Rajaji Salai, Customs House, Chennai 600 001. ..Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the impugned exparte order in original No.112385/2025 dated 13.03.2025 passed by the 1st respondent herein and to quash the same, insofar as the said impugned order had been passed without jurisdiction, authority of law and against the various judicial pronouncements and the provisions of Law and also a non-speaking order, which is in clear violation to the principles of natural justice. Page2 of 5 For Petitioner : S.Baskaran For Respondents: Mr.H.Siddarth Standing Counsel for R1