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2016 (10) TMI 669 - MADRAS HIGH COURTRelease of containers lying in container freight station - export consignment of muriate of potash (MOP) - export in violation of provisions of customs law - Held that: - The problem has now arisen for the petitioner because the containers are being detained by the Directorate of Revenue Intelligence/ Customs Department in the respective container freight stations owned and established by the first respondent. Admittedly, the containers have not been confiscated, but only the goods were confiscated and the confiscation is absolute. In such circumstances, the Directorate of Revenue Intelligence/ Customs Department should take immediate steps for destuffing the containers and releasing the containers, especially when the Order in Original ordering confiscation has been passed as far back as on 29.2.2012. Direction to the Competent Authority of the Customs Department/Directorate of Revenue Intelligence to consider the petitioner's request and order for de-stuffing the cargo and deal with the same in the manner as decided by them and also for release of the containers within a period of twelve weeks. The containers have been lying in the premises for a long period of time and no rent has been paid so far. The learned counsel have got a working sheet to show the amount of rent due and payable - the Customs Department/Directorate of Revenue Intelligence shall also endeavour to assist the respective container freight stations for recovery of the rent due and payable. As the importer has been found guilty, they could be made liable for payment of rental dues. Petition disposed off - decided partly in favor of petitioner.
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