Home Case Index All Cases Customs Customs + HC Customs - 2019 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (10) TMI 114 - HC - CustomsSmuggling - release of seized goods with conveyance - Betel Nuts (Arecanuts) - goods in damaged condition - N/N. 09 /1996-Cus (NT) dated 22.01.1996 issued under Section 11 of the Customs Act read with Section 3(2) of the Foreign Trade (Development and Regulation) Act, 1992 - HELD THAT:- The issue in the present case is squarely covered by the decision in the case of M/S OM SAI TRADING COMPANY AND M/S MAA KAMAKHYA TRADERS, VERSUS THE UNION OF INDIA, THE COMMISSIONER OF CUSTOMS AND ORS. [2019 (9) TMI 1283 - PATNA HIGH COURT] where it was held that This Court is of the considered opinion that in the given facts and circumstances of the case, where the matter is still under investigation and even some accredited labs have come into existence, this Court need not interfere with the seizure of the Betel Nuts at this stage and this issue be kept open for consideration at appropriate stage after the investigation is over and the respondents receive a report as regards the country of origin from an accredited lab within a period of three months by following the established procedures. In the present case, the samples of Betel Nuts are in damaged condition with presence of insects. These are thus, unsafe for human consumption. Other unifications are still going on. The petitioner no. 1 is, thus, unable to make out a case for direction to release the Betel Nuts. Release of vehicle - HELD THAT:- It will be open for petitioner no. 2 to make an appropriate application before the competent authority who will consider the same and pass an appropriate order thereon within a period of 30 days from the date of filing of the application. Application disposed off.
|