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2018 (6) TMI 535 - HC - CustomsConfiscation - Diamonds - appellant prays for return of the goods in the same condition, in which they were seized or pay the market value of the diamonds, as on the date of the filing of the writ petition - Held that:- This Court is not inclined to accept the said contention for the reason that the appellant had already accepted the value of the diamonds, fixed by CEGAT at ₹ 4,27,000/- and also paid the redemption fine. Appellant cannot approbate and reprobate. At one stage, for the purpose of redeeming the goods, the appellant had accepted the value of diamonds as ₹ 4,27,000/-, which decision cannot be retracted, by filing a writ petition. Having accepted the same, contrary contention of the appellant that at the time of seizure, the value of diamonds, was ₹ 40 Lakhs, cannot be accepted - appeal dismissed.
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