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2022 (8) TMI 1010 - HC - CustomsSmuggling - Gold Ornaments - prohibited item or restricted item - pendency of adjudication will stand in the way to release the gold articles to the petitioner - Section 110-A of the Customs Act, 1962 - HELD THAT:- Section 125 of the Customs Act, 1962, gives rights to the owner or from whom the goods have been seized to redeem such goods on payment of fine. Further, this Court consistently held that goods can be handed over on executing 50% of the Bank guarantee on the duty amount. Hence, this Court permits the petitioner to make an application for provisional release under Section 110-A, on such application, when received, shall be disposed of by the Adjudicating Authority, after hearing the petitioner within a period of two (2) weeks from the date of receipt of the application. This Court directs the petitioner to execute 50% of the Bank guarantee in lieu of customs duty and on execution of the Bank guarantee, the respondents are directed to hand over the gold articles seized from the petitioner, recorded in Mahazar, dated 07.11.2019 within two weeks from thereon. It is for the respondents to proceed with the adjudication proceedings to save the revenue to the Nation. The adjudication proceedings shall be completed within a period of three months from the date of receipt of a copy of this order. Petition allowed.
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