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2009 (6) TMI 479 - HC - CustomsSeizure- The accommodation barge Morayo was imported but did not file IGM based on bill of lading and bill of entry. In these circumstances the barge is liable for confiscation under Section 111(f) and (m) of the Customs Act, 1962 and the importer M/s. Sarku Engineering Respondent No. 3 is liable for penalty under Section 114A of the Customs Act, 1962.held that- if the vessel is treated as seized as on today subject to whatever formal steps the respondents may take, the said barge is released on the following terms and conditions: (1) The Petitioners to furnish bank guarantee in the sum of Rs.55 lacs. In favour of Respondent No. 2 and to keep it alive till the completion of the adjudication proceedings. (2) The Petitioner also to furnish usual bond. (3) On furnishing bank guarantee and bond, the respondent to forthwith allow the vessel to sail subject to Petitioners having other documentations from the concerned authorities. (4) The respondent to release the documents whereby the vessel was converted from coastal run to foreign run after furnishing the guarantee and the bond. The document be released to the Petitioner.
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