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2013 (9) TMI 816 - ALLAHABAD HIGH COURTDemand of Cash Security – Held that:- Prima facie the investigation was still pending and that though the petitioner had co-operated in giving statements, he submitted a letter providing some more inputs and explaining the deficiency - Even if no show cause notice had been issued, since the investigation was still pending, the respondent had not acted arbitrarily in allowing the release of seized goods provisionally subject to furnishing Appropriate Bond in Form B-11 in which a demand of security or surety can be made in Para 3.2 of Chapter XVII of Supplementary Instructions issued under Rule 31 of the Central Excise Rules, 2002. The interest of revenue will be protected in case the demand of cash security was substituted by bank guarantee for provisional release of seized goods subject to other conditions mentioned – Decided in favour of Petitioner.
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