Home Case Index All Cases Customs Customs + HC Customs - 2010 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (2) TMI 1119 - HC - CustomsMaintainability of appeal - restoration of goods - Held that:- We are inclined to reject the preliminary objection regarding the tenability of the petition and would examine the merits of the petition albeit within the scope of the petition under Article 227 of the Constitution of India and not as though it is a reference in terms of Section 130A of the Act. While the submission proceeds on an assumption that the writ petition is only to be dismissed and unfortunately for the respondent, we have found this is a fit case for allowing the writ petition, we have, nevertheless, examined a possibility of an order directing the authorities to pass an order in terms of Section 125 of the Act. Here, we find that the restoration of the goods on payment of redemption fine is only in favour of the owner of the goods and with none of the persons laying claim to the ownership of the goods and on the other hand, being only eager to disown the goods, there is no way of any person redeeming the goods even on payment of redemption fine in terms of Section 125 of the Act and in this situation the argument that the sale becomes void, etc., in terms of the provisions of Section 150 of the Act becomes more an academic question than warranting examination in the present case. Thus allow this writ petition, set aside the order passed by the Tribunal and restore the order passed by the adjudicating authority in its entirety.
|