TMI Blog2016 (4) TMI 1105X X X X Extracts X X X X X X X X Extracts X X X X ..... ome goods of foreign origin and, therefore, the goods of Indian origin could not have been the subject matter of proceedings before the Customs Department so, the goods of Indian origin have to be released pursuant to the order passed by the Tribunal and the goods of foreign origin can also be released subject to payment of fine under the provisions of section 125 of the Customs Act. Held that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DER This petition seeks the quashing of the summons dated 18 March 2016 issued by the Superintendent (Prevention), Customs Department, Lucknow Division, Lucknow under section 108 of the Customs Act, 1962 (hereinafter referred to as the 'Customs Act'). A further relief that has been claimed is that the respondents should release the goods apprehended from the vehicle of the petitioners ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oods. The petitioners claim to have deposited the tax. The grievance of the petitioner is that despite the deposit of the tax on 18 March 2016, the goods have not been released. It also transpires from the records of the writ petition that the summons dated 18 March 2016 has been issued to the petitioners by the Superintendent (Prevention), Customs Department, Lucknow Division, Lucknow under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ods of foreign origin can also be released subject to payment of fine under the provisions of section 125 of the Customs Act. Sri B.K. Raghuvanshi has appeared for respondent no.1 while Sri Shashank Shekhar Singh, learned Additional Chief Standing Counsel has appeared for respondent no.2. They have opposed the petition. In regard to the two reliefs claimed in this petition, we are not inclin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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