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2015 (7) TMI 1086 - HC - CustomsSeeking non-release of foreigners on bail which are in judicial custody - brought six bricks of gold - goods seized and liable to be confiscated - Held that:- as per Chapter 71 of Classifications of Export & Import Items (with Customs Tariff Rates & Exemptions 2015-20) under Notes in clause 4 (A) it is prescribed that “precious metal” meats silver, gold and platinum. The duty upon the said metals is 24.463% and policy on the said metal is free to import. The gold is not banned to be imported in India, but it comes under the restricted items which can be imported only with certain conditions and under policy which is obviously not available to the respondents. Therefore, no doubt, the seized goods are liable for confiscation, penalty and to be dealt under the Customs Act. By granting bail, the learned trial court has not discharged the respondents from the case. Simply because they are foreigners cannot be kept detained in judicial custody if they are entitled to be released on bail. Further the respondents are directed to surrender their pass-ports before the Trial Court. The learned trial court is at liberty to release the respondents on the same terms and conditions as imposed vide its order dated 29.06.2015 and by this Court. - Decided against the revenue
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