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2015 (9) TMI 292 - MADHYA PRADESH HIGH COURT

2015 (9) TMI 292 - MADHYA PRADESH HIGH COURT - 2015 (325) E.L.T. 589 (M. P.) - Provisional release of goods – Fulfilment of condition for release – Applicant stated that entire duty of consignment have already been deposited based on value approved by Government approved valuer's report and, thus, no Bank Guarantee/Security was required for release of goods –Assistant Commissioner(Customs) directed release of seized goods provisionally on conditions –However later Assistant Commissioner(Customs) .....

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the Petitioner : Shri Sanjay Kantawala, Learned Counsel, Subodh Abhyankar, Neelam Abhyankar, Nilesh Joshi, Alok Barthwal, Amit Kumar Jain For the Respondent : Prasanna Prasad, Anil Kushwah, Pankaj Kumar Sohani ORDER Heard on I.A. No.3240/2015, an application for setting aside of order dated 7/05/2015 and 5/06/2015, passed by Assistant Commissioner(Customs) retention of 25% goods by respondents while complying with the order passed by this Court on 23/04/2015. 2. The petitioner has imported the g .....

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62 regarding provisional release of goods, documents and things seized pending adjudication. 5. This Court, on 23/04/2015, after hearing the learned counsel for the parties, in presence of ShriS.BHatangadi, Assistant Director, D.R.I. (DRI) passed an interim order in favour of the petitioner with the following observations:- On considering the above and considering the urgency of the matter, we find that the interim relief needs to be allowed in the interest of justice. It is, therefore, directed .....

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ShriPrasanna Prasad is directed to file reply to the petition within four weeks 6. After order dated 23/04/2015, a letter dated 28/04/2015 was filed by the petitioners stating therein that the entire duty of the consignment in question i.e. Bill of Entry No.515 amounting to ₹ 69,48,207/- and ₹ 66,12,005/- have already been deposited based on the value approved by the Government approved valuer's report and, thus, no Bank Guarantee/Security is required for the release of the said .....

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om ₹ 69,48,207/- already paid. (c) Security as per norms under Customs Law and procedure for likely fine and penalty. 8. On 5/06/2015(Annexure-P/5), the Assistant Commissioner(Customs), requested to Ms/Allcargo Logistics Ltd.; (CD-KHEDA), Pithampur to retain 25% of value of goods as security in lieu of Bank Guarantee as per list enclosed of seized goods and release the remaining goods. 9. It is submitted by the learned counsel for the petitioner that the petitioner has already furnished a .....

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ed for keeping the goods in proper conditions. In such circumstances, the 25% of the retained goods which are worth more than 63.00 lakh should be released immediately otherwise it would diminish substantially in value in no time and prays for appropriate direction to the authorities. 10. ShriPrasanna Prasad, learned counsel, who is appearing on behalf of the respondent No.2 submits that the conditions imposed by the adjudication authority against the petitioners is well within the legal framewo .....

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nalty as imposed by the Adjudication Authority. The condition imposed by the Adjudication Authority is a safeguard for fine/penalty which may be imposed subsequently during the adjudication proceedings and prayed for dismissal of the application. 11. To counter the aforesaid submissions of the learned counsel for the respondent No.2, learned counsel for the petitioner has submitted that the petitioner under the threat and pressure deposited a sum of ₹ 66,12,005/- on the previous consignmen .....

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