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2011 (12) TMI 529 - CESTAT NEW DELHIRelease of detained goods - waiver of bank guarantee of equal amount - appellant's case is that they had given earlier the bank guarantee for ₹ 2 crores for provisional release of earlier export consignment - Held that: - the appellant had already given a bank guarantee of ₹ 2 crores to cover the earlier three consignments. The exports are being made under DEPB scheme. Even if the Revenue’s case is proved the consequence of the same would be denial of said DEPB. The Revenue has already drawn samples from the present consignment, in which case provisional release of the same would not cause any adverse affect to the Revenue’s case - the earlier bank guarantee of ₹ 2 crores executed by the appellant should be considered as sufficient to cover present consignment also considering the quantum of reasonable fine and penalty that can be imposed in this case. Therefore, there is no need to give further bank guarantee as directed by the Commissioner - appeal allowed - decided in favor of appellant.
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