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2009 (3) TMI 586

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..... have no objection to take and/or claim release of 191 bundles of the goods which have been seized by the Customs Authorities at Gorakhpur under Seizure Case No. 10/09 dated 25-1-2009, by M/s. Pashupati Enterprises, Kolkata, that is, the petitioner - Held that: - the petitioner not a party aggrieved - neither the importer nor the person from whom the goods have been seized - no merit in the writ pe .....

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..... a direction upon the said respondents to release the goods seized. 3. I find that the goods were imported under the said Bills of Entry by M/s. Shiva Enterprises, the respondent No. 4. Thereafter, the goods were purchased by the petitioner as would be evident from Annexures 'P-2 3'. Upon purchase the petitioner sold the goods to M/s. Shyam Traders at Gorakhpur as would be evident from Annexure .....

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..... kata, that is, the petitioner. Learned advocate appearing for the petitioner submits that in view of the declaration by M/s. Shyam Traders since the petitioner is the owner of the goods, appropriate order, as prayed for, may be passed. 5. Admittedly, M/s. Shiva Enterprises, the respondent No. 4, is the importer and the petitioner was a purchaser who had subsequently sold it to M/s. Shyam Traders .....

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