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2015 (8) TMI 1552 - HC - CustomsDetention of imported Consignments - wrongful goods dispatched from China erroneously and petitioner could not act immediately on account of intervening holidays - R22 refrigerant gas - restricted goods/improper import - petitioner seeks release of consignment or immediate re-export of the consignments as the goods were hazardous to the environment - HELD THAT:- Admittedly, on 30.01.2015, the consignments have been detained by the customs authority pointing out as an improper import on 30.01.2015 invoking Section 124 of the Customs Act, 1962. The petitioner company approached the authority concerned repeatedly opting to pay penalty for the purpose of release of goods with an undertaking to participate in the adjudication proceedings. Both the prayers were never met by the authorities and the matter is kept pending without passing any order. The learned senior panel counsel appearing for the 1st respondent would submit that even according to Section 69 of the Customs Act, the time limit of six months granted for the authority to take a decision is extended up to six months and the six months time is not yet over and hence time may be granted for passing appropriate orders. The 1st respondent is directed to decide the issue, one way or the other, with regard to release of consignments or to enable the petitioner to re-export the consignments to the originating company or otherwise, after affording due opportunity to the petitioner - Petition disposed off.
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