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2022 (10) TMI 646 - HC - CustomsSeeking production of papers and documents relating to the issuance of the Seizure Memo - seeking release of the Vessel MV Polaris Z (Imo 9109512) - goods identified as pigeon-peas - Soybean consignment - prohibited goods or not - HELD THAT:- It evident from the record and it is an admitted position that in detaining the vessel MV Polaris Z (IMO 9109512), what weighed with the authorities was the only reason that it carried the cargo allegedly prohibited goods of genetically modified Soyabean - In that view and since the cargo will have to travel back to the Mosambique port in the same vessel, and further that the custom authorities have permitted the provisional release of the cargo on the conditions imposed by the court as above, the vessel will have to be necessarily allowed to be released. At the same time, it would be in the fitness of things that the owner of the vessel- the petitioners shall comply with the identical conditions provided for the release of the goods in paragraph No.5.1 above for release of cargo of Soyabean. It is provided that neither the cargo of allegedly prohibited genetically modified Soyabean, nor the vessel MV Polaris Z (IMO 9109512) shall be released by the respondent custom authority unless the conditions of furnishing of bond, bank guarantee and giving of undertaking before this court as directed - Satisfaction of those terms shall be operated as preconditions for permitting the cargo in question as well as the vessel to be permitted to leave. As far as the conditions of production of certification of unloading at the Mozambique Port, the time of four weeks is granted from the date of sailing of the vessel. Petition disposed off.
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