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2016 (12) TMI 1308 - HC - CustomsRelease of seized goods - denial on the ground of the impugned show-cause and the fact that, the documents to the goods, which were seized by the DRI, have not been made over by the DRI to the Customs Authorities - Held that: - the DRI had issued show-cause dated August 18, 2009 in respect of the very same goods directed to be released. The DRI had also applied for permission before the Division Bench to proceed with the show-cause. By an order dated October 16, 2012 such permission was denied and the application of the DRI for such purpose was dismissed. The order dated October 16, 2012 allows the DRI to take appropriate action as may be advised. No material has been placed on record to suggest that, the DRI has taken any steps subsequent to the show-cause dated August 18, 2009 - In view of the order dated October 16, 2012 passed by the Division Bench in relation to the show-cause dated August 18, 2008, in my view, the DRI is no longer in a position to proceed with such show-cause. The DRI not having taken any further steps in terms of the order dated October 16, 2012, it would be appropriate to direct the DRI to make over the documents of title to the goods to the customs. The customs authorities on receipt of the same will make over the goods to the petitioner forthwith thereafter - petition disposed off - decided in favor of petitioner.
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