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2011 (5) TMI 389 - HC - CustomsPayment of compensation by the customs department - sum of Rs. 1,50,000/- as costs of the seized goods and compensation for mental torture caused to writ petitioner/respondent. - The grounds canvassed by the appellants counsel that the loss and damage to the goods was not caused due to the fault of the officers of the Department, but due to non-listing of the application filed by the Department, for clarification of the order passed in 1999, do not at all appeal - However, fact remains that due to mishandling of the entire situation and inaction on the part of the appellants, the goods got damaged and consequently, the respondent had to sustain loss and injury, for which he has been rightly held to be entitled to adequate compensation - Petitioner/respondent was entitled to all the seized articles, in question - However, admittedly, the seized goods, in question, got damaged and destroyed, consequently, it could not be returned to the petitioner/respondent - Therefore, the award of compensation made by the learned single Judge in the impugned order is reasonable and justified.
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