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2017 (12) TMI 1459 - HC - CustomsPermission to re-export the cargo - jurisdiction of CESTAT to pass interim orders for permitting re-export of the cargo imported by the petitioner - the cargo imported by the petitioner has been defined as spurious, which is not on account of the fact that it is unfit for human consumption and is on account of the fact that there is a mis-match in the batch number of the products, which consists of four alphabets and six numericals - Held that: - the first option to be given to the petitioner/importer is for re-export of the product and it is only thereafter the respondent could exercise the power to order for confiscation of the consignment. This option has not been given to the petitioner. This Court is of the view that such option should be extended to the petitioner, as otherwise, it may lead to civil consequences. Therefore, to that extent, this Court is inclined to interfere with the impugned order. The finding rendered by the respondents rejecting the petitioner's request for re-export of the cargo is set aside and the respondents are directed to permit the petitioner to re-export the cargo within a period of one month from the date of receipt of a copy of this order - petition allowed in part.
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