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2013 (9) TMI 731 - HC - CustomsSale / disposal of goods for non clearance - Restoration and Restitution of Imported Revolver – Held that:- The writ petition cannot be allowed in view of the extraordinary delay and latches in approaching the Court -The revolver in question was sold under Section 48 of the Customs Act, 1962 and the Custom authorities in their letter dated 4th February, 1994 had rightly drawn attention of the petitioner of the detention receipt to the effect that "if the goods are not cleared within two months of the detention or any period extended by the competent authority, action to dispose of goods under relevant provisions of the Customs Act, 1962 would be initiated". Section 48 of the Customs Act was clearly applicable as the imported item, i.e. the revolver, was an arm defined under the Arms Act, 1959 - Even with the writ petition we note that the petitioner had not filed any document or proof to show that the earlier revolver held/owned by him was of Indian make and origin – Decided against Petitioner.
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