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M/s Shivam Marketing Thru. Gauravkushwaha Partner Versus Union of India And Others

2015 (9) TMI 292 - MADHYA PRADESH HIGH COURT

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), requested to retain 25% of value of goods as security in lieu of Bank Guarant .....

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am 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 goods from China to the tune of ₹ 2,51,25,568/- and on the said imported g .....

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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 that subject to the petitioner's filling the bond in the proper form with .....

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s 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 goods. It is also pointed out that consignments are held up from the Mid Febru .....

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w 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 bond with the department of the 100% of the value of goods of the total importe .....

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f 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 framework. The competent authority has rightly imposed the condition in his order. The .....

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judication 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 consignments which were cleared only after the Government approved valuer, valued the goo .....

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