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2017 (4) TMI 879 - HC - CustomsSealing of factory premises - seizure of machinery - EPCG Scheme - Held that: - there is partial compliance of the statement, which was recorded by this Court on 29th March, 2017. Now the lock placed on the outer door of the room, where the machine was installed, has been removed. Prima facie, this re-enforces this Court's view in arriving at a conclusion that the respondents proceeded to place a lock and seal on the immovable property, namely, the outer door of the factory premises, where the machine was installed. Thus, we do find the act of locking the immovable property instead of movable property, against the provisions of Section 110 of the CA, 1962 and against the Scheme of the Act. We allow this writ petition by directing the respondents that the seized machine shall be released on the petitioners' executing a Bond in favour of the respondents and by imposing an additional condition, namely, until the respondents take recourse to law and for a reasonable period, namely, till 31st July, 2017, the petitioners shall not transfer or dispose of the machine, but, it shall be retained by them in safe custody - petition allowed - decided in favor of petitioner.
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