TMI Blog2018 (5) TMI 792X X X X Extracts X X X X X X X X Extracts X X X X ..... t Petition No.3561 of 2018 W.M.P.No.4357 of 2018 - - - Dated:- 19-4-2018 - T. S. Sivagnanam, J. For the Petitioner : Mr.S.Baskaran For the Respondent : Mr.N.Senthil Kumar, Standing Counsel ORDER The petitioner has filed this Writ Petition, challenging the order passed by the respondent, dated 22.9.2017, while considering the request made by the petitioner for the grant of provisional release of the goods under Section 110A of the Customs Act in respect of the goods imported vide Bill of Entry No. 9670811, dated 12.05.2017. 2. At the outset, Mr.S.Baskaran, the learned counsel appearing for the petitioners would submit that, the issue involved in this Writ Petition is covered by the decision of this Court, in M/s.Kanpu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ocuments and things seized pending adjudication. It states that any goods, documents or things seized under Section 110, may, pending the order of the Adjudicating Authority, be released to the owner on taking a bond from him in the proper form with such security and conditions as the adjudicating authority may require. 11. Thus, the power under Section 110A of the said Act is to make a delicate balance between the importer of the goods and the Revenue. In other words, the interest of the Revenue should be sufficiently safeguarded, so that when the Adjudicating Authority takes up the case for final adjudication, they should be able to recover the duties and other levies and the order passed by the Adjudicating Authority cannot be redu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of ₹ 64,30,210/- (Rupees sixty four lakhs thirty thousand two hundred and ten only) on the redetermined value as per the report of the DRI, CZU. (ii) The petitioner shall execute a personal bond for the value of ₹ 4,00,00,000/- (Rupees four crores only) and keep the bond alive till final adjudication is made. (iii) Upon compliance of the above twin conditions, in accordance with the stipulations of the respondent Department, the goods shall be released provisionally within a period of one week from the date, on which, the petitioner complies with the above twin conditions. (iv) Since the goods have been detained and since the DRI has taken up the case for investigation, it goes without saying that the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
