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2010 (7) TMI 304 - SC - CustomsContainers contained war material/explosives - goods were not as per the description given in the bills of lading, the same were confiscated by the Customs Department - special civil applications filed by respondent were summarily dismissed by the learned Single Judge without calling upon the appellant and respondent, without considering counter affidavits to admit or controvert the averments contained therein - appellant had a legitimate right to file counter affidavits in the appeals preferred by respondent – Held that: - High Court was duty bound to consider the contents of the counter affidavits and then decide the issue relating to liability of respondent - to pay container storage charges and ground rent in the backdrop of the fact that the containers together with their contents had been confiscated by the Customs Department on the ground that war material/explosives were smuggled in the country under the garb of importing Heavy Metal Scrap and Hollow Section Tubes - High Court granted relief to respondent only on the ground that representations made by the said respondent for release of containers after de-stuffing the goods were not decided - Division Bench was not justified in relying upon the order passed in that case for the purpose of quashing the demand of container storage charges and ground rent - order is set aside and the matter is remitted to the High Court for fresh disposal of the letters patent appeals in accordance with law.
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