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2016 (7) TMI 1160 - BOMBAY HIGH COURT

2016 (7) TMI 1160 - BOMBAY HIGH COURT - 2016 (338) E.L.T. 511 (Bom.) - Provisional release of goods - violation of orders of the high court - it was submmited that there is a complete breach and violation of this Court's order and direction. It is a mockery that instead of passing an order pursuant to the appearance of the petitioner, the Principal Chief Commissioner has allowed some body who not of the same rank, but in the department to address such communications and pre-judge the issue. - .....

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order in that regard would be an exercise in futility. Now that everything is disclosed and placed before this Court, we do not think that any further time should be wasted. The consignment lying with the Customs serves nobody's purpose. - Writ petition disposed off with directions. - WRIT PETITION NO. 1708 OF 2016, CIVIL APPLICATION NO. 612 OF 2016 - Dated:- 7-3-2016 - S. C. Dharmadhikari And A. A. Sayed, JJ. Mr. Sujay N. Kantawala with Mr. Brijesh Pathak for the Petitioner Mr. Pradeep S. Jetly .....

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would disclose that though the petitioner appeared before the Principal Chief Commissioner of Customs, in the absence, according to him, of any authority to adjudicate or pass a provisional order of release of goods, some communication was addressed by the Additional Commissioner. Mr. Kantawala has invited our attention to the notes of personal hearing, copy of which is at Annexure-C pages 9 and 10 of the Civil Application and the communication dated 19th February, 2016, to the Additional Commis .....

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petent authority or official, then, the Commissioner should not have in the first instance, conducted a hearing and secondly made over the file to this Additional Commissioner. This clearly means that the issue is pre-judged and now there is no hope of any fair and reasonable treatment, leave alone justice. This Court, therefore, must take a strong view of the proceedings and the infraction of its order. 3. Mr. Kantawala also relies upon the affidavit-in-reply now filed and by the Deputy Commiss .....

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awala. Though Mr. Jetly would pursuade us to allow the department to pass an order through a competent official, we are not acceding to that request. In the peculiar facts and circumstances of this case when the authorities appear to have made up their mind, no fruitful purpose will be served by allowing them to now pass any order. 5. In the peculiar circumstances and expressing our strong displeasure we have taken up the request of Mr. Kantawala ourselves. We find that the good are lying with t .....

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