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2014 (8) TMI 1114 - HC - CustomsDoctrine of non-traverse - evidence - seizure of Betel-Nuts - - Held that: - On the basis of the evidence, it appears that the aggregate value of the goods at the time of seizure could not have been more than ₹ 26,65,600/-. The Seizure List was prepared on 7th February, 1999. The order of adjudication in favour of the plaintiff was passed on 16th December, 1999. The Adjudicating Authority directed unconditional release of 33320 kgs. of betel nuts valued at ₹ 47,95,200/- in favour of the plaintiffs and in case the goods have already been sold by auction, the sale proceeds thereof would be refunded to the rightful claimants. The order of adjudication does not disclose the basis of the valuation of the seized articles and from the order itself, the valuation of the betel nuts at ₹ 47,95,200/- is not discernible. After the seizure is declared to be illegal by the adjudicating authority in absence of any rebuttable evidence and contrary evidence to dislodge the testimony of the witness, I feel that the plaintiff is entitled to a decree for a sum of ₹ 26,65,600/- and accordingly a decree is passed for the aforesaid sums. However, during the pendency of the proceeding the plaintiff has received a sum of ₹ 12,31,200/- on January 18, 2001. The plaintiff shall be entitled to payment of interest at the rate of 8% per annum on and from 1st January, 2000 till December, 2000 on ₹ 26,65,600/- and thereafter on the remaining balance at the same rate of 8% per annum till realization - decided in favor of plaintiff.
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