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2019 (5) TMI 984 - HC - CustomsAbsolute Confiscation - illicit possession of the rough diamonds and that diamonds are not permitted to be imported without Kimberley Processing Certificate (KPC) - seizure of rough diamonds weighing 10,510.60 carats - whether the applicant has made out a case for staying the impugned order or whether the seized goods can be ordered to be released subject to certain terms and conditions? HELD THAT:- If the order of absolute confiscation is upheld by the court, the goods would not be available for confiscation is concerned, in any case, even if there is absolute confiscation of goods, ultimately, the same would be auctioned by the authorities and, at best, the same would fetch the market price. In this case the value of the goods has already been determined as reflected in the orderinoriginal and hence, in case of absolute confiscation of goods, the applicant may be entitled to recover the entire value of the goods from the respondent. When the respondent has succeeded before the Tribunal and rough diamonds are otherwise freely importable and are duty free, the court is of the view that a case of absolute stay of the order of the Tribunal has not been made out. However, to protect the interest of the revenue, the goods may be permitted to be released subject to certain conditions. Application allowed in part.
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