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2016 (10) TMI 21 - HC - CustomsPermission for re-export of goods after lifting of seizure - waiver of detention charges - reexamination of goods - carpets - No Objection Certificate - affidavits filed by DRI - Held that: - The DRI should refrain from expressing any opinion even prima facie about the legality and validity of the acts. The distinct departure in the nature of functions and duties is lost sight of and more because of the overenthusiasm by the DRI. While the proceedings are going and any other request is raised by the petitioner, then that request would have to be examined not by the DRI but by the Commissioner of Customs (Exports) or his delegates - examination by Commissioner of Customs to be done as expeditiously as possible and within a period of four weeks - while passing any orders, the said Officer shall issue a notice to the petitioner to appear before him and decide the issue raised by a reasoned order, uninfluenced by any of the contents and statements in the affidavit in reply - petition disposed off - decided in favor of petitioner.
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