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2018 (9) TMI 676 - HC - CustomsProvisional release of seized ship - Import of ship for breaking and its parts - ship was seized as being prohibited from entering any port of Member State - The case of the Department is that the vessel imported by the petitioner at the time of its import was subjected to such sanctions. India being one of the signatories to the convention was required to honour such sanctions. Held that:- By the time the seizure memo was issued on 3.5.2018 by the respondents, the ship was partially broken. This can be gathered from the seizure memo itself which refers to the fact that when the officers of the DRI visited the site, the imported vessel was found broken. Photographs of the condition of vessel are also attached to the seizure memo. Pending further investigation and adjudication continued seizure of the ship would result into great hardship to the petitioner beside mounting port charges, it would also delay the completion of ship breaking. In half broken condition it would also not be possible to remove the ship from the yard for being sent away. The respondents are directed to provisionally release the goods by lifting both the seizure memos on the condition that the petitioner shall deposit with the Customs Authority 25% of the declared value of the ship and provide bond for the remaining amount - Petition allowed in part.
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