Non-Production of BIS Certificate & DGFT Authorisation: Madras HC Orders Provisional Release of 123 Used Digital MFDs [Read Order]

In a recent ruling, the Madras High Court directed the Customs Department to pass orders for provisional release of 123 units of second-hand Digital Multifunction Print, Copying and Scanning Machines imported after the goods were detained for non-production of BIS certificate and DGFT authorisation.

The petitioner, represented by S. Shriram and N. Viswanathan, had imported Second Hand Highly Specialized Equipments - Digital Multifunction Print & Copying Devices (MFDs) which were detained by the Customs Department for non-production of BIS Certificate and Authorization from the DGFT.

The petitioner argued that similar cases were already decided by the High Court in earlier batch of writ petitions and in those cases directions were given for provisional release. So same relief should be granted here also.

After hearing both sides, the Court observed that the relief sought in the present writ petition is identical to the one sought in the earlier batch of matters. The Court found that when similar importers had been granted directions for provisional release, the same course must be followed in the present case as well.

Accordingly, the Court disposed of the writ petition directing the Customs Department to pass orders for provisional release while imposing conditions. However, the bench comprising Justice Abdul Quddhose noted that the provisional release was subject to the final adjudication that the Customs Department have to undertake.

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