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2022 (4) TMI 1045 - HC - CustomsDirection to destuff the cargo from the containers and return the empty containers to the writ applicant - containers filled with cargo declared to be fuel oil in specialized containers referred to as flexi bags - HELD THAT:- This Court finds that considering the nature of hazardous substance lying in the subject containers, it would be appropriate to direct the respondent customs authorities to complete the proceedings as regards the “misdeclaration” of the imported goods followed by the confiscation order, if any, within a period of 30 days from the date of receipt of this order. It is made clear and as assured by the learned Senior Standing Counsel appearing for the Customs authorities that if no such order is passed within a period of 30 days, the respondent authorities including respondent no.3 herein shall proceed to de-stuff the cargo into any other suitable containers. The respondent authorities including respondent no.3 are at liberty to even auction the imported cargo as proposed in the final notice issued by the respondent no.3 herein under Section 48 of the Act and at the same time, hand over the custody of the empty subject containers to the writ applicant within 15 days thereafter. Present application disposed off.
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