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2016 (3) TMI 1127 - KARNATAKA HIGH COURTJurisdiction of enquiry officer - implmentation of Risk Management Systems (RMS) in exports - Held that: - though there are serious allegations made by the petitioner that he has taken upon himself to be vigilant in bringing the errant customs officials to book by recording their actions, by video-recording in the past years, it would be for the petitioner to establish his case insofar as the defence sought to be raised by him and the allegations sought to be put forth against the customs officials - the petitioner shall be given full opportunity to establish his case, that insofar as the goods once having been released in his favour, there was no power in the customs authority to take them to their custody, which aspect shall be addressed at the enquiry, and if the finding is that there was such power available to the authorities, the goods, which have been seized from the custody of the petitioner, shall be released in his favour, as vehemently claimed by the counsel for the petitioner. Accordingly, the petition is disposed of without prejudice to the case of the petitioner to establish his several contentions and allegations at the enquiry.
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