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2016 (10) TMI 669

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..... lligence/ Customs Department should take immediate steps for destuffing the containers and releasing the containers, especially when the Order in Original ordering confiscation has been passed as far back as on 29.2.2012. Direction to the Competent Authority of the Customs Department/Directorate of Revenue Intelligence to consider the petitioner's request and order for de-stuffing the cargo and deal with the same in the manner as decided by them and also for release of the containers within a period of twelve weeks. The containers have been lying in the premises for a long period of time and no rent has been paid so far. The learned counsel have got a working sheet to show the amount of rent due and payable - the Customs Department/Di .....

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..... and after obtaining voluntary statement from one Mr.Pandian Muruganathan, the officers of the Directorate of Revenue Intelligence had reason to believe that the export consignment was muriate of potash (MOP) and that the exporter attempted to export the same in violation of the Customs Law and hence, the consignment was seized at Chennai during transshipment and 17 representative samples of the goods were drawn under a mahazar. 4. Ultimately, an Order in Original dated 29.2.2012 had been passed by the Additional Commissioner of Customs, Coimbatore absolutely confiscating the seized quantity of 28 MTs of MOP in terms of Sections 113(d), 113(h) and 113(i) read with Sections 11 and 50 of the Customs Act, 1962 and Section 3(3) of the Foreig .....

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..... ontainers within a period of twelve weeks from the date of receipt of a copy of this order. 7. It is pointed by both the learned counsel appearing for the container freight stations that the containers have been lying in their premises for a long period of time and no rent has been paid so far. The learned counsel have got a working sheet to show the amount of rent due and payable. 8. In view of the fact that the containers were detained by the Department for investigation and have been kept in the respective container freight stations, the Customs Department/Directorate of Revenue Intelligence shall also endeavour to assist the respective container freight stations for recovery of the rent due and payable. As the importer has been fo .....

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