Telangana High Court

WP/16871/2026 of M/s.Meenakshi Auto Machines, Vs Union of India on 29 May 2026

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA AND THE HONOURABLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY WRIT PETITION NO: 16871 OF 2026

[ 3511 I

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original Jurisdiction)

FRIDAY, THE TWENTY NINTH DAY OF MAY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

AND

THE HONOURABLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY

WRIT PETITION NO: 16871 OF 2026

Between:

M/s.Meenakshi Auto Machines, Rep., by its Proprietor Mr.Hem Chand Dubey New No.22, 13A,02nd Floor, Aziz Mulk 4th Street Thousand Lights, Chennai - 600006, Tamilnadu, lndia Ce11 .9042784935

...PETITIONER

AND

1. Union of lndia, rep. by its Secretary, Department of Revenue, Govt. of lndia, Ministry of Finance, New Delhi

2. Joint Commissioner of Customs, (lmports) GST Bhavan, Basheebagh, Hyderabad - 500004

3. The Deputy Commissioner of Customs, lCD, Sanathnagar - 500018, Telangana

4. The Superintendent of Customs, lnland Container Depot, Sanathnagar Hyderabad Customs Commissionerate, Hyderabad - 500018, Telangana

..RESPONDENTS

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to invoke the jurisdiction vested by Article 226 of the Constitution of India to issue a Writ of Madamus or any other appropriate writ or Order or direction setting aside the Seizure Memo dated 21-05-2026 issued by the 04th Respondent as being without jurisdiction and contrary to Foreign Trade Policy 2023 and consequently direct the 04th Respondent to forthwith release the Petitioner's imported consignment of Multi- Functional Devices (MFD) of 101 units under Bill of Entry dated 11-05-2026, bearing No. 9178940.

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 04th Respondent to forthwith provisionally release the goods i.e 101 Units of Multi- Function Devises (MFDs) which have been seized under the Seizure Memo dated 21-05-2026, pending disposal of the pr sent Writ Petition, else the Petitioner would suffer irreparable loss and severe hardship.

Counsel for the Petitioner: SRI AKKAPEDDI SRINIVAS

Counsel for the Respondent No.1: SRI N.BHUJANGA RAO, DEPUW SOLICITOR GENERAL OF INDIA

Counsel for the Respondent Nos.2 to 4: SRI DOMINIC FERNANDES, SC FOR CUSTOMS

The Court made the following: ORDER

l.A. NO: 1 OF 2026

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F

AT HYDERABAD

AND

iH

A

N'

v.

I

Dgte: 29th Mav. 2026

Between:

M/s Meenakshi Auto Machines

. Petitioner

AND

Union of India, and others

... ResPontlents

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ORDER:

The petitioner's goods numbering i 0l (Second-harrd multifbnr;titrrr printing & copying devices) under Bill of Entry dated i1'05'202(i ui*r"e confiscated by the 4tl' respondent-Superintendent of Clustorns vicle Seizilrt: Memo dated 21.05.2026, on the ground that the petitioner {ailed to proctict-- the requisite DGFT authorization/license. The petitioner chailenges ihe confiscation as illegal and arbitrary, and seeks a direction to thi: 4trt respondent to forthwith release the goods'

2. Heard Mr. Akkapeddi Srinivas, learned counsel for the petitioner' z1nd Mr. N. Bhujanga Rao, learned Deputy solicitor General of lndia tbr ihe respondents. Perused the record.

wp_15871_2026 NBK, J

3. When the matter is taken up, learned counsel for the petitioner sui-rmits tirat the present writ petition is squarely covered by the Order dated i,',,- (J3 "2426 passed b,v the Division Bench of this Court in W.p. No. 7637 of 2426 ancl hence sirnilar order rnay be passed in this writ petition also. 4" I-ea:'ned l)epLrty Solicitor General does not dispute the submission rrliide oy the learnc-d counsel for the petitioner.

5. This ilor"ut, by order dated 12.03.2026, allowed the writ petition No. 763'i o1'2026,I-ry ob*serving as follows: "10. Thu';, fbr ull the afbresaid reosons, it is ordered that let the ra::Jtcnlar'[ :iitthi*itie,s poss an orclcr on the application.filed by the peiitittncr.; l,;;,, }r'ot,isionul releus;e of the goods.rub.iecl to lhe conclitions tiitt!:

a) The petitioner shall pay/deposit the enhanced duty amaunt" On receipt of such enhonced duty omount poid by the petitioners, the goods in question shalt be released within o period of lour (04) weeks theredfter.

b) For payment of such duty, quantification shail be made by the Customs forthwith within one (01) week frorn the tiote'of receipt of a copy olthis order. On receipt o! sttch quantification, the payment shall be immediately made by the petitioners ond on receipt ol the poyment in entirety, the goods sholl be released os indicoted above ot the outer limit ol four pQ weeks.

c) lt is msde cleor that this order will not stond in the way for Customs Department to go ahead with the further prarcedings including the odjudication in the mdnner known to lsw.

d) lt is further made clear thdt so far os the condition .of the petitioner thot demurrage charges till dote, for the gaods be considered for waiver, in this regard, if any application is filed by the petitioners seeking such a n_4,_iwoib'er of demurroge chorges, the same shdtt be considered and decided by the respondents objectively.

ry

11. In addition, the petitioners are also direc:ted to trtrovide er bank guarantee worth l0 percenl oJ'the tolal price o./'the goods intported by them. Further it is also orderecl that in the event if the pelitioners upon release of the goods provisiorrully ntakes uncl sell the s'uitply lo lheir customers, details o.f the customers that oJ'relevanl pric:e and c{etail.s ttf' the respective transuctions shall be maintained and rnatle stitilable to the respondent authorities frutm lime lo lirne.

12. Needless to mention lhat the acljuclicatingauthorill: in lhi: process of' deciding the same u'ould not be in un1' tnanner influcwtt{ b.t' lhe ordet o.f conditional release ordered by this Court. The authority shull decicle ihe same considering the ob.jections and contentions lhal woulcl hc ruised on either side.

13. Accordingly, thi.su;ritpetition is allotved. T'here shtll b,: iti; order {t.s to costs. " wp_10871__lCrz6 ,\iil;(, J Govt. of lndia, l\. rl, ,'",_\"'s. .F i. To,

6. Accordingly, in terms of the Order dated 12.03.202{t in \fo'.P Nc. 7637 of 2026 and for reasons alike, this writ petition also stands allowed. No costs. Miscellaneous petitions pending,'if any, shall stand closed. 'i .. SD/- M. ISTANT //TRUE COPY" SECTION OFFICER

1. The Secretary, Union of lndia, Department Ministry of Finance, New Delhi

2. The Joint Commissioner of Customs, (lmports) GST Bhavan, Basheebagh, Hyderabad - 500004

3. The Deputy Commissioner of Customs, lCD, Sanathnagar - 500018, Telangana

4. The Superintendent of Customs, lnland Container Depot, Sanathnagar Hyderabad Customs Commissionerate, Hyderabad - 500018, Telangana

5. One CC to SRI AKKAPEDDI SRINIVAS, Advocate [OPUC]

6. One CC to SRI N.BHUJANGA RAO, Deputy Solicitor General of lndia IOPUC]

7. One CC to SRI DOMINIC FERNANDES, SC FOR CUSTOMSIOPUCI

8. Two CD Copies PMK ,N GJP

HIGH COURT DATED: 2910512026 WP.No.I6871 o12026 ALLOWING THE WRIT PETITION VACATION COURT E s ,ii, D a OE JUNlW o U E1) * I H c "{ [Il T s i n! ( D

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