Clearance of Imported Goods: Madras HC Directs Customs to Reconsider Consider Indus Mercadeo Representation without License [Read Order]

The Madras High Court directed Indus Mercadeo to submit a fresh representation seeking clearance of imported goods without an import licence and directed the customs authorities to pass final orders on the representation within six weeks.

The petitioner, Indus Mercadeo, filed a writ petition seeking clearance of goods imported vide Bill of Entry No. 4231833 dated 01.09.2025 without insisting on an import licence in accordance with Notification No. 38/2023 dated 19.10.2023 issued by the Directorate General of Foreign Trade (DGFT).

V. Pramila, the counsel for the petitioner, submitted that the goods imported under the said bill of entry do not require an import licence as per the above notification. However, the Customs authorities refused to release the goods and insisted on the production of an import licence relying on the said notification.

The petitioner counsel further contended that a representation had already been submitted before the authorities seeking clearance of the goods without the requirement of an import licence, but no final order was passed on the same.

Sushma, representing the respondents, contended that the respondents relied upon the notification and insisted that the petitioner must produce an import licence before the goods could be cleared.

Justice Abdul Quddhose observed that though counters had been filed by the respondents, the representation submitted by the petitioner seeking clearance of the goods had not been considered by passing a final order.

The Court noted that no prejudice would be caused to the respondents if the petitioner’s representation is considered on merits after affording an opportunity of personal hearing.

Accordingly, the Court directed the petitioner to submit a fresh representation to the authorities within one week seeking clearance of the imported goods without insisting on an import licence.

The authorities were directed to pass final orders on merits and in accordance with law after granting one personal hearing to the petitioner within six weeks thereafter.

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