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2016 (7) TMI 1243 - HC - CustomsDetention of goods - evasion of Safeguard Duty - provisional release - Held that: - this Court is of the view that a direction can be issued so that the entire proceedings can be completed instead of issuing a direction for considering provisional release. However, while doing so, this Court indicates clearly that the prayer as sought for by the petitioner cannot be granted as a writ of certiorari cannot be issued against a Detention Notice. In any event, the Department cannot be injuncted from taking up the matter for investigation. Department themselves released the goods covered under other Bills of Entry, which were also the subject matter of detention, this Court is inclined to direct the respondents 2 & 3 to draw samples from the goods which have been detained, in the presence of the petitioner, both from the coils which contain labels indicating the grade and also from the coils which do not contain such labels, within a period of one week from the date of receipt of a copy of this order and send the same to the National Test House, Taramani, Chennai, for testing the grade of the coils and for submission of the report - petition partly allowed.
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