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2020 (9) TMI 809 - HC - CustomsLegality and validity of the seizure of goods - the case of the Department against the writ applicants is that the goods, i.e, scraps in different forms seized from the premises were found to be imported without payment of appropriate customs duty by wrongfully availing the benefit of the notification - HELD THAT:- The larger issues, more particularly the legality and validity of the seizure, shall be examined on the next date of the hearing including the preliminary objection raised on behalf of the respondents as regards the alternative remedy available to the writ applicants. However, having regard to the submissions made by Mr. Parikh, we would like to balance the equities at this stage. We would like to see that the writ applicants do not have to suffer a huge loss in their business, and at the same time, we must also ensure that the interest of the Revenue is also protected. The writ applicants are directed to furnish a running Bank Guarantee of any Nationalized Bank to the tune of ₹ 2.00 Crores, and at the same time, the DRI shall retain with them the raw-goods/materials upto the value of ₹ 10 Crore. If the writ applicants furnish the Bank Guarantee, then the respondents shall provisionally release the rest of the goods (raw materials/finished) at the earliest. Post the matter for further hearing on 12-10-2020.
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