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2016 (12) TMI 1502 - HC - CustomsRelease of detained goods - implementation of order of commissioner of customs - principles of judicial discipline - 4 No's gold bars totally weighting 400 grams of gold - Held that: - Once the appellate authority, namely, the Commissioner of Customs has passed the order on 30.06.2015 and without obtaining any order of the stay of the appeal, the respondent should not keep themselves by disobeying the order passed by the appellate authority. Reliance was placed in the case of Union of India vs. Kamalakshi Finance Corporation [1991 (9) TMI 72 - SUPREME COURT OF INDIA], where it was held that the respondent failed to respect the order of the Apex Court and failed to implement the order shows contempt of Court - The Hon'ble Apex Court and this Court in various cases very categorically held that the order of the Joint Commissioner of Customs and the Commissioner of Customs (Appeal) clearly shows that the petitioner has not committed any violation, therefore, they should implement the order of the Commissioner of Customs in a true letter and dispute. Even mere filing of the revision against the order of appellate authority would not empower the respondent to deny release of the goods in question and the respondent have not given any proper explanation as to why no stay order has been obtained against the order of the Commissioner of Customs (Appeals) dated 30.06.2015, even though the said order said to have been challenged by way of further appeal. Respondent was directed to release the goods - petition allowed - decided in favor of petitioner.
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