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2014 (9) TMI 468 - HC - CustomsAction of confiscated goods - Rejection of successful bid in auction - deception to the prospective purchaser - It is the say of the petitioner that the bid made by the petitioner had been approved for the lots in question by R-3 subject to final approval of R-2 and the petitioner had already deposited the sum of ₹ 64,50,000/- - Held that:- The first aspect which we fail to appreciate is the lowering of the reserve price when the reason for the failure of the auction was not that the bid received was below the reserve price, but on account of non-deposit of EMD. In such a situation, we are of the view that there can be hardly any reason for lowering the reserve price. We fail to see any reason for giving description of the goods as per import as prospective purchaser is not interested in a theoretical analysis of papers, but only what goods had to be bid for. No doubt, this can create an element of confusion as in the bold letters it is mentioned as ‘TEXTILE GOODS’ while in the small print a description is given of the electrical goods under the heading ‘Commodity as per physical examination’. Vast vacillation which has taken place in the price despite the goods not being perishable. No doubt, there has been inordinate delay in rejection of the bid of the petitioner. However, given the situation, it would be appropriate if the goods are put to proper auction post necessary remedial measures before they are sold off. - The amount deposited by the petitioner be returned. We call upon R-3 to stop this practice which is capable of causing deception to the prospective purchaser who is only interested in knowing what the goods are which are sought to be auctioned. Both R-2 and R-3 should interact and frame better guidelines for disposal of the goods which are not capable of causing any confusion and which achieve the purpose in view of our aforesaid observations. Needful be done within four weeks from today.
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