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2015 (1) TMI 1078 - MADRAS HIGH COURTRequest to release the consignment of Snap Fasteners, Sliders, Elastic Tapes and Sewing Needles and other goods and permit the petitioner to re-ship the consignment of Snap Fasteners, Sliders, Elastic Tapes and Sewing Needles and other goods lying in the custody and control of the respondents in the Chennai Port - Held that:- It is the case of the petitioner that the alleged goods have been wrongly shipped along with the declared goods. According to the petitioner, since the importer has disowned the goods, they may be permitted to re-ship the goods. It is also the case of the petitioner that the show cause notice has been issued only to the importer and not to them. The petitioner claims to be the owner of the goods. - The contention of the petitioner that the staff of the warehouse have wrongly dispatched the goods instead of the declared goods has to be proved only by way of adjudication. Therefore, the relief sought for by the petitioner to release the goods or reshipment cannot be granted at this stage. However, since the importer has disowned the goods, there is no impediment for the authority to permit the petitioner to participate in the adjudication process, as they claims to be the owner of the goods. Further, the petitioner company is a foreign company and the allegation against them is that the goods have been smuggled into India and as the importer has stated that he has never given any such order at all, to safeguard the interest of the revenue, there should be a condition to permit them to seek for either release or return of the goods. Therefore, the petitioner is permitted to participate in the adjudication proceedings. However, since huge amount has been involved in respect of anti-dumping duty to the tune of two crores, the petitioner, in order to show their bona fide, shall produce bank guarantee for a sum of ₹ 50,00,000 before the respondents and on such production of bank guarantee, the respondents will issue notice to the petitioner for adjudication. The petitioner is also directed to appear before the authority on the date to be fixed by them for adjudication process. Since the goods have been lying in the Port, the respondents are directed to complete the adjudication process within a period of four months from the date of receipt of a copy of this order, after affording reasonable opportunity to the petitioner as well as the importer. - Petition disposed of.
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