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2016 (7) TMI 1160 - HC - CustomsProvisional release of goods - violation of orders of the high court - it was submmited that there is a complete breach and violation of this Court's order and direction. It is a mockery that instead of passing an order pursuant to the appearance of the petitioner, the Principal Chief Commissioner has allowed some body who not of the same rank, but in the department to address such communications and pre-judge the issue. Held that:- In the peculiar circumstances and expressing our strong displeasure we have taken up the request of Mr. Kantawala ourselves. We find that the good are lying with the Customs from November, 2015. Till date, there was no prohibition or any restraint on the department to pass an order of provisional assessment or to issue show cause notice and take up the adjudication proceedings themselves. Now allowing them to again consider the request for provisional release of goods and pass an order in that regard would be an exercise in futility. Now that everything is disclosed and placed before this Court, we do not think that any further time should be wasted. The consignment lying with the Customs serves nobody's purpose. - Writ petition disposed off with directions.
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