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2018 (8) TMI 1412 - HC - CustomsRefusal of release of goods (gold ornaments) despite payment of the entire redemption fee and penalty - case of Department is that certification proceedings are pending before the Additional Chief Judicial Magistrate's (Economic Offences) Court, Ernakulam and hence the release was not being effected - Held that:- Admittedly, there is no stay petition filed by the Department before the first appellate authority. As has been noticed by the learned Single Judge, the order passed under the Customs Act, 1962 is now in force and the Department is obliged to release the goods (gold ornaments) unless there is a stay obtained from the appropriate Forum. The Department is directed to file a stay application within a period of two weeks from today. If such a stay application is not filed within the period specified, then there shall be immediate release of the goods on expiry of the said period - appeal disposed off.
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