TMI Blog2013 (1) TMI 741X X X X Extracts X X X X X X X X Extracts X X X X ..... n the theft, there could be no question of detaining the rest of the cartons. Nor could the petitioner have been called upon to get no objection from the police. - Customs authorities are directed, to release the goods in question for onward journey to Nepal - Decided in favour of appellant. - W.P. No. 5 of 2013 - - - Dated:- 7-1-2013 - Indira Banerjee, J. Shri Ramesh Kumar Chowdhary with A.K. Chowdhuary Protyush Chatterjee, Advocates, for the Petitioner. Shri Pradip Kr. Roy with P.D. Mukherjee, Advocates, for the Respondent. ORDER This writ petition is directed against the alleged refusal of the respondent authorities to clear goods unloaded at the Kolkata Port, shipped from Singapore under Bill of Lading No. CCUCTB ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder, letter of authority and other relevant documents. However, in the meanwhile, on 25th August, 2012, the Traffic Officer, Kolkata Port Trust, lodged a general diary to the effect that on the night of 26th August, 2012, the seal of the container of the petitioner was found not intact. This was discovered after a vehicle parked near the said container had left. 8. Thereafter, investigations were initiated and the container was inspected by surveyors. The surveyors found that about 40 out of 500 cartons in the said container had been stolen. 9. By a letter dated 7th September, 2012, the petitioner requested the Commissioner of Customs, Port, to release the container for onward journey to its destination. The said letter dated 7th Sep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consignment. 12. The consignment has not yet been released possibly since the Officer-in-Charge of the concerned police station has not yet given no objection to release of the consignment in question. There are apparently no materials to show that the petitioner had removed the cartons in question. The cartons were stolen from the port area. The theft took place on or about 25th August, 2012. Over four and a half months have elapsed. The police authorities have had sufficient time for investigation. In the absence of any finding of any complicity of the petitioner in the theft, there could be no question of detaining the rest of the cartons. Nor could the petitioner have been called upon to get no objection from the police. 13. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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