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2023 (7) TMI 75 - BOMBAY HIGH COURTSeeking release of goods for re-export - import of Dried Areca Nuts Split and Black Pepper for the purpose of re-export - petitioner contended that the goods are suffering retention and pilferage and which is causing huge losses to the Petitioner if the goods are not immediately released to be re-exported - HELD THAT:- The Respondents cannot detain the goods endlessly and more particularly considering the nature of the goods which are perishable. It is observed that no reply was filed in the midst of dictating this order, Mr. Subir Kumar has removed from his brief, a reply affidavit of Shri. D. S. Garbyal, Commissioner of Customs dated 15th June 2023 and has tendered the same. Such practice of getting the affidavit affirmed and not being placed on record is unknown. This is not fair even to the deponent of the affidavit as although, the reply was affirmed on 15th June 2023, the same was not placed on record, when certainly the deponent i.e. the Commissioner of Customs who affirmed the affidavit on 15th June 2023 was made to believe that the reply is meant to be filed before the Court, and that too in compliance of the order dated 3rd May 2023. Insofar as the goods which are not subject matter of investigation and/or which are otherwise not the subject matter of the Bills of Entry as set out in paragraph 23 of the reply filed on behalf of the Respondents, the same cannot be kept detained. The Respondents need to take an appropriate decision in that regard as expeditiously as possible, intimating the Petitioner either the decision to release the said goods for the purpose of re-export or otherwise as may be permissible in law. Let such decision be taken within a period of three weeks from today, after hearing the petitioner. Petition disposed off.
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