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2011 (1) TMI 396 - HC - CustomsConfiscation of goods - Redemption fine and duty - silver ingots - Under Section 110(1A) of the Customs Act, 1962 the notified goods seized by the department can be disposed of by the department immediately after the seizure and the silver bars are the notified commodity u/S 110(1A) of the Act - Having regard to the constraint involved in storage of high valued goods and considering the liquidity to exchequer, the silver ingots were disposed of - The order of this Court for release of the impugned goods on redemption fine was subject to availability of the goods. Since the imported goods are not available with the Department, the question of exercising the option as directed by this Court will not arise - Hence the department is not in a position to release the sale proceeds since the CEGOT had upheld the final order passed by the Department and the Tribunal's order was not set aside - It was pointed out that this Court while passing order relied upon the judgment of Kolkatta Tribunal in the case of Hiralal Bhagat v. Commissioner of Customs - Tribunal held since the seized goods were not available and due to liberalization such goods are not barred from being brought in, permission was granted to the aggrieved party to redeem the same on payment of redemption fine and duty - Therefore, the prayer made by the petitioner cannot be countenanced by this Court - Hence, the writ petition stands dismissed - No costs.
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