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2010 (3) TMI 24 - HC - CustomsEvasion of customs duty release of goods ownership - held that - The Petitioner seems to be only contending that with NIPL not claiming ownership of those goods, the Commissioner of Customs is obliged to release the goods found in the said godown to the RPC. However, that is not a correct understanding of the legal position. Unless the RPC is able to prima facie establish by proper documentation that the goods found in the godown A belong to it, there is no obligation on the Commissioner of Customs in law to even provisionally release those goods to RPC. What RPC has produced is a bunch of documents claiming to be invoices for purchase of paper. Considering that what was seized in the godown is imported newsprint, such invoice can hardly constitute even a prima facie evidence that the imported goods in fact belonged to RPC. Moreover, RPC claims that it had stopped importing goods for the last seven years. RPC has not been able to satisfactorily explain even prima facie how these goods were found in its godown. Merely producing documents to establish that the godown is of RPC is not the same thing as showing that the goods found therein belong to RPC petition dismissed seeking a direction to the Respondents to release on an urgent basis with cost
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