Dinesh Gowda vs the Additional Commissionre of Customs

Dinesh Gowda vs The Additional Commissionre of Customs

Type Court Judgment Court Chennai Decided Mar 17, 2026

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Citation: sooperkanoon.com/1444679
Court: Chennai High Court
Judge: Honourable Mr.Justice Mohammed Shaffiq
Decided On: Mar 17, 2026
Case Number: WP/14335/2025

Parties & Advocates

Appellant / Petitioner

Dinesh Gowda

Respondent

The Additional Commissionre of Customs

Excerpt

.....of principles of natural justice insofar as the petitioner is concerned. for petitioner(s): mr.a.k.jayarajfor respondent(s): mr.rajnish pathiyil senior panel counselorderthe present writ petition is filed challenging the order-in-original dated 08.02.2024 inter-alia on the ground that the relied upon documents were not furnished despite request made by the petitioner.2. at the outset, it is submitted by the learned counsel for petitioner that even the order-in-original was not served on the petitioner in the manner provided under section 153 of the customs act, 1962.3. to a pointed question as to how the order was complied in terms ofsection 153 of the customs act, 1962, the learned counsel for respondents except to ascertain that it was made in due compliance thereof was not able to produce any relevant materials to demonstrate the same.4. in the circumstances, this court is inclined to dispose of the writpetition by granting liberty to the petitioner to file an appeal before the appellate authority within a period of two weeks from the date of receipt of a copy of this order. if any such appeal is filed, the same shall be admitted and entertained and orders shall be passed in accordance with law after affording reasonable opportunity of hearing to the petitioner, subject to the petitioner satisfying all other conditions including pre-deposit.5. accordingly, the writ petition stands disposed of. no costs. consequently, the connected miscellaneous petitions are closed. index: yes/nospeaking/non-speaking orderneutral citation: yes/no mka to: chennai-ii (import), commissionerate, chennai-600001 custom house, 5th floor, no.60, rajaji salai, chennai-600 001. mohammed shaffiq j. mka

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-03-2026
CORAM
THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P. Nos.16132 and 16134 of 2025 Dinesh Gowda Door No.156, Yadamuri Mandal, Bengaluru Bypass Road, Varigapalli Village, Chitoor, Andhra Pradesh-517 104 ..Petitioner(s) Vs Chennai-II (Import) Commissionerate, Chennai-600001. Custom House, 5th Floor, No.60, Rajaji Salai, Chennai-600 001. ..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorari calling for the records of the impugned order in original No.104996/2024 dated 08.2.2024 in F.No.CUS/APR/SCN/501/2023- GR-3 DIN NO.20240273MX000042481E on the file of the 1st respondent and quash the same as illegal, unjust, unfair and in violation of principles of natural justice insofar as the petitioner is concerned. For Petitioner(s): Mr.A.K.Jayaraj
For Respondent(s): Mr.Rajnish Pathiyil Senior Panel Counsel

ORDER

The present writ petition is filed challenging the order-in-original dated 08.02.2024 inter-alia on the ground that the relied upon documents were not furnished despite request made by the petitioner.

2. At the outset, it is submitted by the learned counsel for petitioner that even the order-in-original was not served on the petitioner in the manner provided under Section 153 of the Customs Act, 1962.

3. To a pointed question as to how the order was complied in terms of

Section 153 of the Customs Act, 1962, the learned counsel for respondents except to ascertain that it was made in due compliance thereof was not able to produce any relevant materials to demonstrate the same.

4. In the circumstances, this Court is inclined to dispose of the writ

petition by granting liberty to the petitioner to file an appeal before the appellate authority within a period of two weeks from the date of receipt of a copy of this order. If any such appeal is filed, the same shall be admitted and entertained and orders shall be passed in accordance with law after affording reasonable opportunity of hearing to the petitioner, subject to the petitioner satisfying all other conditions including pre-deposit.

5. Accordingly, the writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. Index: Yes/No

Speaking/Non-speaking order

Neutral Citation: Yes/No MKA To: Chennai-II (Import), Commissionerate, Chennai-600001 Custom House, 5th Floor, No.60, Rajaji Salai, Chennai-600 001. MOHAMMED SHAFFIQ J. MKA

Same Court & Year Chennai · 2026 Same Parties Dinesh Gowda vs The Additional Commissionre of Customs Same Judge Honourable Mr.Justice Mohammed Shaffiq