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2016 (8) TMI 970 - BOMBAY HIGH COURT

2016 (8) TMI 970 - BOMBAY HIGH COURT - 2016 (339) E.L.T. 565 (Bom.) - Provisional Release of consignment export of consumer items duty drawback ownership - An intelligence was received, on the basis of which the second respondent suspected that narcotic drugs are concealed and being exported under this consignment of jewellery and footwear. The consignment, therefore, was held up, opened up for examination once again Held that: - The respondents possess necessary and requisite power in law .....

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isionally release the goods. Needless to state that neither such provisional release would confer or create any right in favour of the petitioner nor such an exercise at this stage affects or prejudices the rights and contentions of the respondents. petition disposed off provisional release may be granted if all requirements are complied with. - Writ Petition {L} No. 1630 of 2016 - Dated:- 2-8-2016 - S. C. Dharmadhikari And Dr. Shalini Phansalkarjoshi, JJ. Mr. Prakash Shah i/by Ms Chitra Sub .....

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e purpose of exporting such goods, has been taking assistance of different individuals to source the goods and provide the details of foreign buyers. Upon such assistance and invention of foreign buyers and the contact established with them by the petitioner himself, transactions and deals are arrived at. That is how the petitioner arranges for export of these goods. 3. The petitioner, in para 4.3 of this petition, has set out the practice and procedure relating to exports. Since the petitioner& .....

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cases, the goods have been procured from open market and through intermediaries and who are prepared to supply such goods for a consideration. In the 27 consignments exported, all the procedure has been duly followed, the goods/consignments were inspected and examined and export permit for clearance was issued. The petitioner also, and in tune with the same procedure, tried to export a consignment and details of which are set out in para 4.7 including the invoice number and shipping details. Th .....

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nder a panchnama. During the course of such examination, a synthetic footwear was torn open to ascertain that no narcotic drugs are concealed therein. The petitioner's case is, nothing was found but the petitioner was called upon to appear before the authorities. Summons was issued and the petitioner appeared before the Competent Authority. His statement was also recorded. 5. The petitioner, therefore, submits that holding of consignment serves no purpose and causes inconvenience not only to .....

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such detailed affidavits. We have impressed upon the authorities in several matters and in one of the detailed orders that, this effort really turns counter productive. The whole case of the Department is revealed at this stage itself, whereby all wrong doers are then alerted. We have noted in the past as to how statements which are made under Section 108 of the Customs Act, 1962, are promptly retracted. Even in matters which go for adjudication after such revelations, as are made presently on a .....

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and proper inspection and examination, then, all such steps can be taken. We are only anxious and on several occasions expressed it, that the time that is lost in all this is indeed valuable. Such delays give enough time for the parties to change and retract their positions and versions. Sometimes vital piece of evidence is lost. Therefore, the authorities should either take a decision and issue show cause notice and commence the adjudication proceedings promptly or should take steps so that th .....

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ty may require that the goods can be released. 10. We express no opinion on the contention insofar as the ownership is concerned. 11. The petitioner in the writ petition as also in his affidavit in rejoinder specifically stated that the goods do not belong to him and that is why he did not sign any of the export documents, nor did he authorize any person to do so on his behalf. The petitioner has, based on his assertions in the petition and the affidavit in rejoinder so also the oral arguments, .....

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e been exported after he procured them from different sources. Payments for the goods have been made by him from his bank accounts. Remittances have also been received in his bank account. Copies of the bank certificates for export realizations in respect of 14 consignments have already been submitted during the course of investigation. Since the consignment under export is procured by the petitioner and being exported by him in the name of his firm, as claimed by him, and as no other person is .....

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