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2017 (7) TMI 833 - HC - CustomsIssuance of detention certificate - Detention of goods - storage of goods u/s 49 of CA - Held that: - the suspension of imported goods was on account of an application being made by the Right Holder under Rule 5 of the IPR Rules. Though such an application was filed and the same was registered under due compliance of the conditions under Rule 5(a) and (b) of IPR Rules, the Right Holder did not participate in the proceedings. Therefore, the second respondent had stated that the suspension of the imported goods is lifted in terms of Rule 7(3) of the IPR Rules. In such circumstances, the petitioner, for not fault committed by them, cannot be put to prejudice - there will be a direction to the second respondent to issue necessary Detention Certificate stating the reasons for which Cargo was detained and as to when such detention was cleared - petition allowed - decided in favor of petitioner.
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