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2010 (4) TMI 584 - HC - CustomsAuction of unclaimed import consignment of 'pig bristles' - It is the case of the petitioner that petitioner was the highest bidder for the said consignment, and the same being manifest from the final result of the auction notified – Petitioner allege that importer colluded with respondents, Container Corporation of India Ltd. (CONCOR) and Custom Authorities and they could not be allowed to withdraw from auction goods which should have been released to them – No doubt the petitioner had participated in the auction and was declared as the highest bidder and he has paid a sum of It. 8.00 lacs being 20% of the auction amount, however, in comparison thereto, importer has paid Customs Duty with interest accrued thereon, land retention charges of CONCOR , auction/deauction charges, payment to the Container Corporation, shipping line, besides paying the foreign supplier, totaling approximately Rs. 81.00 lacs - After the embargo was lifted, importer has also submitted the necessary NOCs from the Animal Quarantine and certificates from the Ministry of Agriculture before the No Objection Certificate could be issued by Custom authorities so as to release the consignment in favour of the petitioner. - Original importer had the first right to consignment of pig bristles - The Customs Department has also justified its action on the ground that allowing the original importer would financially benefit the Department. - There is no infirmity with the action taken by respondents Nos. 1, 2 and 4 and consequently no relief can be granted to the petitioner, and I find that the decision taken by the respondents is based on sound and cogent reasons – Petition dismissed
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