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Erring officials of customs to compensate the importer personally to the Extent of ₹ 1469650/- plus 9 interest for their acts of omission and commission - Abnormal delay in release of seized betel nuts

Erring officials of customs to compensate the importer personally to the Extent of ₹ 14,69,650/- plus 9% interest for their acts of omission and commission - Abnormal delay in release of seized betel nuts - Commentaries / Editorials - Dated:- 20-1-2016 - Failure to release the goods despite the fact that Adjudicating Authority directed the officers to release the goods. Patna High Court came heavily on the Erring Customs Officers with the following observations: In the appeal against the o .....

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reasons for not releasing the goods by filing the counter affidavit that the conditional order of release on furnishing of taking bank guarantee and bond by the petitioners had been passed on 8.8.2014 which in turn would go to show that this could have been done even on 24.4.2014 if not on 29.11.2013 or 28.3.2013. Thus, the reason for not releasing the goods on account of pendency of the appeal is also a mere hoax and not permissible in law. The manner in which the authorities have in fact soug .....

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articles, namely, split betel nuts weighing 15.470 M.T. to the tune of ₹ 14,69,650/- on 17.2.2013, the petitioners would become at least entitled to recover this amount from the officials of the Custom Department. X X X X X 82. Thus, when this Court has found that the petitioners have been put to a loss of at least ₹ 14,69,650/- on account of complete deterioration of quality of split betel nuts solely on account of deliberate laches on the part of the officials of the Custom Departm .....

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s on account of delay of nearly 1½ years in release of the seized articles, shall be recovered from the erring officials and for the purposes of fixing individual responsibility on such erring officials this Court would direct the Chairman of Central Board of Excise and Customs Department of Revenue, New Delhi to get an enquiry conducted by an Officer not below in the rank of Chief Commissioner of Customs who must not be posted and/or associated in any manner with Patna Zone of the Custom .....

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