TMI Blog2010 (7) TMI 181X X X X Extracts X X X X X X X X Extracts X X X X ..... s observed that in identical matters authorities had directed provisional release of the goods on execution of the full value bond of the goods and on payment of 25% of the value of the goods in cash as cash security. Held that- discretion excised by trial judge not arbitrary. Impugned order sustainable. Sample required for adjudication to be preserved before release of goods. - 758 of 2010 wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e impugned judgment and order dated 20th May, 2010 the learned trial Judge has directed the respondents to provisionally release the goods on execution of full value bond of the goods and on payment of 25% of the value of the goods in cash as "security". It appears that the learned trial Judge while passing the impugned judgment and order has observed that in identical matters authorities had dire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prohibited goods or not. Under such circumstances, he submits that instead of bond the writ petitioner/respondent should be asked to furnish bank guarantee of the value of the entire goods. He further contends that the adjudication proceeding is not complete. Hence, the revenue must be secured otherwise the writ petitioner will not be able to pay the duty which will be levied after adjudication i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e do not think that exercise of this discretion is at all arbitrary. 9. We have checked up the Memorandum of Appeal and not a single word has been spared challenging the aforesaid finding of the learned trial Judge that the department did not pass order of similar nature in past on identical facts and circumstances. 10. Under these circumstances, we think that the judgment and order of the lea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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