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2017 (10) TMI 862

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..... elief, we direct that Shri Rahul Yadav, the Deputy Commissioner of Customs or any appropriate Officer of the Customs to release articles/goods which are in godown but which are not part of the Annexure SM1. This exercise shall be completed by the first respondent within a period of one week from today. - WRIT PETITION NO.10730 OF 2017 - - - Dated:- 13-10-2017 - A. S. Oka And A. K. Menon, JJ. .....

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..... er on instructions states that necessary documents in support will be furnished by the petitioner in the office of Shri Rahul Yadav, Deputy Commissioner of Customs who has filed the affidavit in reply, by 5.00 p.m. today. We accept the statement. 3 By way of adinterim relief, we direct the first respondent to immediate scrutinise the said documents produced by the petitioner and after identifyi .....

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..... ructions, the learned counsel for the first respondent states that the annexure SM1 to the Seizure Memorandum contains exhaustive list of seized articles and there is no supplementary list prepared. 7 Therefore, by way of further adinterim relief, we direct that Shri Rahul Yadav, the Deputy Commissioner of Customs or any appropriate Officer of the Customs to release articles/goods which are in .....

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..... 9 By way of further ad-interim relief, we direct the second respondent to look into the representation dated 26th December 2016 (Exhibit D to the petition) and all earlier representations and to decide the issue whether the petitioner is required to obtain NOC for the import of its products under the Narcotic Drugs and Psychotropic Substances (Regulation of Contolled Substances) Order, 2013. Ap .....

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..... be considered in the light of the decision taken by the second respondent. 12 By filing additional affidavit in reply, reliance is placed on the investigation papers kept in a sealed envelope. However, the first respondent has not claimed any privilege in accordance with law. It is for the first respondent to claim privilege in accordance with law. 13 Place the petition for hearing as to in .....

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