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2022 (4) TMI 1413 - MADRAS HIGH COURTSeeking permission to petitioner to re-export the goods - Unflavored Supari (Betelnut Product) - prohibited goods or not - seeking issuance of Detention Certificate for waiver of demurrage and container detention charges - HELD THAT:- The decision of this Court in the M/S. UNIK TRADERS VERSUS THE ADDITIONAL COMMISSIONER OF CUSTOMS, THE ASSISTANT COMMISSIONER OF CUSTOMS, THE PRINCIPAL ADDITIONAL DIRECTOR GENERAL, THE INTELLIGENCE OFFICER [2021 (12) TMI 198 - MADRAS HIGH COURT] has given a guideline as to what has to be followed by the department under similar circumstance, where it was held that In case, the “proper officer” is of the primafacie view that the goods are liable for confiscation, seizure order may be issued followed by confiscating the imported goods if they are found to be prohibited in terms of the Notification of the Commerce Ministry. If not, the imported goods can be allowed to be redeemed. This should be decided within a period of 30 days thereafter. The proper officer shall bring a closure to the issue one way of the other within a period 30 days thereafter after duly following the safe guards under the Customs Act,1962 and principle of natural justice. The petitioner may be given an option to re-export the imported goods if they are held to be prohibited goods to mitigate the loss of the petitioner. The petition is disposed off.
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