WP/16838/2026 of S.K. Enterprises Vs THE COMMISSIONER OF CUSTOMS,

WP No. 16838 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-04-2026 CORAM THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ WP No.16838 of 2026 S.K.Enterprises, D. No.39-4-15, Murali Nagar, Sector 4 Visakhapatnam 530 007, Represented by its proprietor, Mr Datti Sarathkumar. ..Petitioner Vs 1. The Commissioner of Customs, Chennai II, Import Commissionerate, Custom House, No. 60, Rajaji Salai, Chennai-600 001. 2. The Additional Commissioner of Customs (Gr-5), Chennai II, Import Commissionerate, Custom House, No. 60 Rajaji Salai, Chennai-600001. 3. The Deputy Commissioner of Customs, (GR-5), Custom House, No. 60 Rajaji Salai, Chennai-600001. ..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing Respondents 1-3 herein to forthwith release the various models of Secondhand Highly Specialized Equipment namely used Digital Multifunction Print, Copying and Scanning Machines, numbering 213 units imported by petitioner under Bill of Entry No.8495542 dated 05.04.2026 provisionally under Section 110A of Customs Act. https://www.mhc.tn.gov.in/judis WP No. 16838 of 2026 __________ Page2 of 6 For Petitioner : Mr.N.Viswanathan For Respondents: Mr.S.M.Deenadayalan, Senior Standing Counsel ORDER By consent of learned counsel appearing on either side, this writ petition is taken up for final disposal at the admission stage itself. 2. The present writ petition has been filed for a direction to respondents 1-3 herein to forthwith release the various models of Secondhand Highly Specialized Equipment namely used Digital Multifunction Print, Copying and Scanning Machines, numbering 213 units imported by petitioner under Bill of Entry No.8495542 dated 05.04.2026 provisionally under Section 110A of Customs Act. 3. Petitioner is engaged in the business of import and trading of secondhand digital multifunction printing and copying machines which is stated as not being manufactured in India. Petitioner also trades accessori es, parts and consumable for the aforesaid machines. Petitioner is registered with the Central Pollution Control Board of the Ministry of Environment, Forest and Climat ic Changes, Government of India as is required under E Waste (Management) Rules, 2022 for the import of electronic goods. While so, petitioner importe d a https://www.mhc.tn.gov.in/judis WP No. 16838 of 2026 __________ Page3 of 6 consignment of used second hand highly specialized equipment-digital multifunction printing copying machines vide Tax Invoice No.GLOGMSS2602 dated 27.01.2026. Thereafter, petitioner filed Bill of Entry No.8495542 dated 05.04.2026 with the Chennai Customs House. It is stated that the subject goods being second hand machines were also examined by the Customs by engaging a DGFT approved Chartered Engineer by name M/s.Perfect Chartered Enginee rs & Surveyors Chennai. Petitioner would submit that the subject goods are fr eely importable into India in terms of Hazardous and Other Wastes (Mana gement and Transboundary Movement) Rules, 2016, notified by the Ministry of Environment, Forest and Climatic Changes, Government of India, subject to conditions including goods having residual life of five years. 4. Against this background, petitioner had requested for provisional release of the consignment, however, the same is yet to be considered. I t is against the above circumstances, the present writ petition has been filed. 5. Both the learned counsel for petitioner as well as the learned counsel for respondents would submit that the matter stands covered by an orde r of this Court in a batch of matters in W.P.Nos.29418 of 2024 and etc., batch whe rein the request for provisional release were granted by issuing the following directions: https://www.mhc.tn.gov.in/judis WP No. 16838 of 2026 __________ Page4 of 6 “32. For the foregoing reasons, these writ petitions are disposed of by this Court by issuing the following directions:~ (a) The Customs Department, Chennai, is directed to pass orders for provisional release of the goods, which are the subject matter of the dispute in these writ petitions, by imposing conditions, as they deem fit, as per the provisions of the Customs Act, 1962, within a period of four weeks from the date of receipt of a copy of this order. (b) On fulfilment of the said conditions by the petitioners, the Customs Department, Chennai, is directed to release the goods provisionally to the respective writ petitioners within a period of two weeks thereafter. (c) Provisional release of the goods in question is subject to final adjudication being made by the Customs Department, and the provisional release order shall not prevent the Customs Department to reverse its decision in the final adjudication by passing appropriate orders as per the provisions of the Customs Act. (d) Connected writ miscellaneous petitions are https://www.mhc.tn.gov.in/judis WP No. 16838 of 2026 __________ Page5 of 6 closed. No Costs.” 6. In view thereof, this Court is also inclined to dispose of this writ petition on the basis of the above directions. The writ petition stands disposed of accordingly. No costs. 28-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MRN To 1. The Commissioner of Customs, Chennai II, Import Commissionerate, Custom House, No. 60 Rajaji Salai, Chennai-600 001. 2. The Additional Commissioner of Customs (Gr-5), Chennai II, Import Commissionerate, Custom House, No. 60 Rajaji Salai, Chennai-600001. 3. The Deputy Commissioner of Customs, (GR-5), Custom House, No. 60 Rajaji Salai, Chennai-600001. https://www.mhc.tn.gov.in/judis WP No. 16838 of 2026 __________ Page6 of 6 MOHAMMED SHAFFIQ, J. MRN WP No.16838 of 2026 28-04-2026 https://www.mhc.tn.gov.in/judis