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2014 (5) TMI 51 - CALCUTTA HIGH COURTImportation of Mulberry Silk Fabrics – Detention of Consignments – Release of Consignments - - Unsuccessful in appeal & Review – Held that:- Commissioner of Customs passed an order dated November 18, 2010, inter alia, holding that the Additional Commissioner of Customs was legally correct in dropping the proceedings against the notice – Since, the application for review was also rejected - There can be no ground for detention of the consignments in question. Submission of department that the petitioner is required to make an application before the Assistant Commissioner (Seizure & Disposal) for release of the goods is difficult to accept -The Department seized the goods - Being unsuccessful in adjudication, in appeal or in the review application, the Department is obliged to immediately release the goods - Respondent nos. 1 to 3 are directed to forthwith release the consignments - Affidavits not having been called for, the allegations in writ petition shall be deemed not to have been admitted – Decided in Favour of petitioner.
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