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2019 (2) TMI 976 - HC - CustomsRelease of the confiscated goods - furnishing of Bank Guarantee - applicability of decision in the case of C.C.E.C. & S. TAX, SURAT-II VERSUS DHARMESH PANSURIYA [2017 (9) TMI 1454 - CESTAT AHMEDABAD] - Held that:- In the present case, the total value of the confiscated goods is less than the value of confiscated goods in the case of Dharmesh Pansuriya [2017 (9) TMI 1454 - CESTAT AHMEDABAD]. However, since in this case it is the applicants who are in appeal, at this stage they cannot claim complete parity with the case of Dharmesh Pansuriya. Besides, the case of Dharmesh Pansuriya has not attained finality as the appeal of the revenue has been admitted by this court. However, considering the fact that this court has found that a prima facie case has been made out and has admitted the appeal on substantial questions of law, this court is of the view that the confiscated goods are required to be released on appropriate terms and conditions. The interest of justice would be met if at this stage the applicants are directed to pay redemption fine of 10% of the value of the confiscated goods and 1% of the amount of penalty and further furnish bank guarantees of ₹ 50 lakhs each, which shall be kept alive till the final disposal of the appeal - application allowed.
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