9911796707
TMI Blog2018 (10) TMI 1379X X X X Extracts X X X X X X X X Extracts X X X X ..... de returnable on 15.10.2008 which is reproduced hereinbelow: "The stand of learned counsel for the respondent authorities is that the seizure of goods has been effected in exercise of powers under Section 110(1) of the Customs Act, 1962 ("The Act"). Having heard the learned counsel for respondent authorities, the Court finds it necessary to peruse the original file of the proper officer, who has exercised powers under Section 110(1) of the Act considering the language employed by the provision which requires that "If the proper officer has reason to believe that any goods are liable to confiscation under this Act, he may seize such goods", because in the facts of the case only provisions of Section 111 of the Act stipulate the situation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rays for time to place on record the legal basis for the said proposition. Hence, while granting the prayer for time, it would be in the fitness of things if some interim workable solution is put in place to ensure that the manufacturing activity of the petitioner company is not brought to a permanent halt. The Court called upon both the learned Counsels to thrash out a workable solution. The Court is happy to record that after obtaining instructions from their respective clients the learned Counsels have been able to suggest to the Court a workable solution which will operate till the outcome of the petition, subject to any modification that may be required at the time of further hearings. 2. The goods which have been seized on 3.7.2008 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntains any seconds or defective material and the report of the said expert shall be placed on record. 4. Supplemental affidavit along with annexures, if any, to be tendered by the respondent authorities on or before 20.11.2008. Rejoinder, if any, to be tendered on or before 26.11.2008. The matter to come up on 27.11.2008." 5. Then, upon suggestion of the Court, learned advocates appearing for the respective parties were to revert back to their respective clients and try to work out an interim arrangement under which even during pendency of the litigation and without prejudice to the rights and contentions of both the parties, a workable solution is thrashed out to ensure that the goods which were seized are released to avoid any commer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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