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2013 (10) TMI 63 - HC - CustomsImport of Construction Sand - The only case of the Customs Department for detaining the consignment was for want of 'Plant Quarantine Certificate' - There was no allegation with regard to any infringement of the Customs Act as to the mis-declaration or otherwise or as to the absence of any valid licence for the import, but for branding the import as illegal under Section 11A of the Customs Act – Held that:- even the Plant Quarantine Order enables relaxation of the conditions of the Import Permit under Chapter VI - Sub Clause 1 of Clause 14 enables the Central Government to relax any of the conditions of the Order relating to the import permit, which is to be exercised, in public interest, by the Joint Secretary in charge of the Plant production in the Department of Agriculture & Cooperation, who had been designated as the Competent Authority. Sub Clause 2 of Clause 14 stipulates that, in the event of grant of relaxation by the Competent Authority, the consignment shall be released, after charging fee for import permit and the fee for Plant Quarantine inspection at 'five times' of normal rates - The fee and such other particulars were given under Schedule IX - Whether this Clause will be applicable itself, was a matter to be looked into and decided in the course of adjudication proceedings and as such, no opinion was being expressed by this Court for the time being. Since it was admitted that, there was no loss of revenue, further liability of the petitioner, if any, can be finalised in the course of adjudication proceedings - But for that matter, the Court finds that the goods need not be detained any longer - Accordingly, there will be a direction to the respondents to release the goods to the petitioner forthwith, at any rate within 'two weeks' from the date of receipt of a copy of this judgment - Since the quantum payable to have the goods released issued by the fourth respondent was not brought on record, the Court reckons the same as five times of the amount payable as given in Schedule IX to the Plant Quarantine Order - The goods shall be released to the petitioner as above on payment of the requisite amount and also on executing a 'Bond' for meeting the balance liability, if any, subject to adjudication proceedings - On receipt of the same, adjudication proceedings shall be finalised by the first respondent in accordance with law, as expeditiously as possible, at any rate within 'one month' thereafter.
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