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2016 (12) TMI 1308 - CALCUTTA HIGH COURT

2016 (12) TMI 1308 - CALCUTTA HIGH COURT - TMI - Release of seized goods - denial on the ground of the impugned show-cause and the fact that, the documents to the goods, which were seized by the DRI, have not been made over by the DRI to the Customs Authorities - Held that: - the DRI had issued show-cause dated August 18, 2009 in respect of the very same goods directed to be released. The DRI had also applied for permission before the Division Bench to proceed with the show-cause. By an order da .....

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in a position to proceed with such show-cause. - The DRI not having taken any further steps in terms of the order dated October 16, 2012, it would be appropriate to direct the DRI to make over the documents of title to the goods to the customs. The customs authorities on receipt of the same will make over the goods to the petitioner forthwith thereafter - petition disposed off - decided in favor of petitioner. - WP 1087/2012 - Dated:- 20-12-2016 - Debangsu Basak, J. Mr.Nirmal Kumar Chowdhury .....

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He submits that, ultimately the authorities had sought for permission to proceed with the impugned show-cause notice before the Division Bench. The said application was rejected by an order dated October 16, 2012. Subsequent to such rejection, the petitioner has filed the instant writ petition. He submits that, the Division Bench had directed the authorities to release the goods. The goods have not been released solely on the ground of the impugned show-cause and the fact that, the documents to .....

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erefore, the DRI should be allowed to proceed with the show-cause. He also submits, that the petitioner may be directed to approach the deciding authority with objection, which the deciding authority will decide in accordance with law. I have considered the rival contentions of the parties and the materials available on record. The importation of the goods were questioned at diverse levels including before the Division Bench of this Hon ble Court. The Hon ble Division Bench by a judgment and ord .....

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