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The Commissioner of Customs (Preventive) Versus Shanoob MS, S/o. Late Shahul Hammed

2016 (9) TMI 876 - KERALA HIGH COURT

Prayer for release of vehicle - confiscation of vehicle - option to pay redemption fine - demand of differential customs duty - imposition of penalty - Motor Bike Harley Davidson - illegal import - seizure - Held that: - serious prejudice will be cau .....

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posed off - decided in favor of respondent. - WA. No. 1080 of 2016, WP (C). 11434/2016 - Dated:- 11-7-2016 - Antony Dominic And Dama Seshadri Naidu, JJ. For the Petitioner : Sri. John Varghese, SC For the Respondent : Sri. P. A. Augustian JUDGMENT An .....

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idson bearing registration No. KA-01-EM- 4433 to him. By the judgment under appeal, the learned single Judge disposed of the writ petition directing release of the vehicle to the respondent on his furnishing a bond, pending decision of the Appellate .....

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er of the said vehicle. The vehicle was seized by the customs authorities on the allegation that it is illegally imported into the country. The adjudication culminated in Ext.P3 order confiscating the vehicle with an option to the respondent to redee .....

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her appeal that was filed by the respondent is pending consideration of the Tribunal. It is at that stage the writ petition was filed. 4. Although various contentions are seen to have been pleaded with respect to the jurisdiction of the authorities w .....

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espondent that if the vehicle is allowed to remain in the custody of the appellant, exposing it to sun and rain, serious prejudice will be caused to him, the learned single Judge ordered release of the vehicle, pending disposal of the appeal before t .....

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securing the interest of the Revenue. We find force in the submission of the learned counsel for the appellant. However, the counsel for the respondent was not willing to furnish any security other than the bond already directed by the learned singl .....

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