Page 145 - ELT_3rd_1st May 2020_Vol 372_Part

2020 ] DAVINCI LEATHER PVT. LTD. v. COMMISSIONER OF CUSTOMS, CHENNAI 367

was not required anymore for the purpose of investigation, and that requisite
examination of the respondent had already been conducted. The Learned ASJ in
the impugned order dated 26th November, 2019, takes note of the same. Moreo-
ver, the Learned ASJ notes that the Counsel for the petitioner had made a state-
ment that since the detailed Show Cause Notice dated 26th September, 2019 was
issued and served on the respondent, he was not required for further investiga-
tions in the present matter.
13. There is, however, substance in the request, in the aforesaid extract-
ed Ground ‘D’ that the respondent be directed to register his presence periodical-
ly, in the Indian Embassy at Dubai.
14. Resultantly, this petition is disposed of in the following terms :
(i) The respondent is permitted to travel abroad for a period of two
months, which will commence from the date when he departs. For
this purpose, DRI is directed to return the passport of the respond-
ent, to him within a period of one week from today. The passport
appears to have been retained by the DRI despite the order of the
Learned CMM and Learned ASJ, even without obtaining any stay
from this Court.
(ii) The respondent shall ensure that he will appear before the Indian
Embassy at Dubai every 10 days. No default, by the respondent, in
this regard, shall be condoned and any default, in this regard, will
result in this order standing vacated and ceasing to apply.
(iii) The respondent shall return to India on or before the date of expiry
of two months from the date of his departure, and shall inform the
DRI accordingly.
15. With the aforesaid directions, this petition stands disposed of.
16. Dasti.
_______
2020 (372) E.L.T. 367 (Mad.)

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dr. Anita Sumanth, J.
DAVINCI LEATHER PVT. LTD.
Versus
COMMISSIONER OF CUSTOMS, CHENNAI
Writ Petition No. 4192 of 2020, decided on 21-2-2020
Foreign Trade Policy (FTP) - Merchandise Exports from India Scheme
(MEIS) - Non-issuance of MEIS scrip - Mistake in shipping bill - Petitioner
inadvertently omitted to select ‘YES’ as option for availing MEIS benefit, on
online platform - Benefit of Scheme would be available to petitioner condi-
tional upon verification and acceptance of such claim by DGFT - Order reject-
ing request for amendment quashed and a mandamus issued to Authority to
amend shipping bill as sought for by petitioner - Section 149 of Customs Act,
1962. [2019 (365) E.L.T. 669 (Mad.), 2019 (370) E.L.T. 176 (Mad.) relied on]. [paras 4,
5, 6, 7, 8]
Petition allowed
EXCISE LAW TIMES  1st May 2020  145