TMI Blog2015 (9) TMI 292X X X X Extracts X X X X X X X X Extracts X X X X ..... of case, at this stage, court to stay condition of retaining 25% goods and direct respondents to release whole goods on other conditions imposed on letter of provisional release – In view of aforesaid application allowed – Decided in favour of Applicant. - W P No. 1941/2015 - - - Dated:- 13-8-2015 - P. K. Jaiswal And J. K. Jain, JJ. For 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 re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wn conclusion in accordance with the provisions of law and grant the interim relief. In the meanwhile, Counsel for the respondent 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 goods. It is also pointed out that consignments are held up from the Mid February onwards and the petitioner is suff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 petitioner is involved in smuggling of goods, and the same has been admitted by them in preliminary stage of investigation initiated by the respondent No.5. It is further submitted that in terms of Section 112 of the Customs Act, 1962 any persons involved in acts of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the Division Bench has held that Mere existence of power of confiscation not sufficient to justify harsh conditions unless case for confiscation is shown. Exercise of power to impose harsh conditions without valid justification will be arbitrary exercise of power hit by Article 14, 19, and 21 of the Constitution. 13. In the matter of Kuber Casting (P) Ltd., the Division Bench of Punjab Haryana High Court has held that when duty levied by authorities at the time of initial clearance of goods had been paid, then furnishing of bank guarantee/cash deposit/fix deposit, even to extent of 25% of full value of seized goods was highly onerous condition which made relief of provisional release nugatory. It is not only harsh but squeezes out im ..... X X X X Extracts X X X X X X X X Extracts X X X X
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