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TMI Blog2020 (12) TMI 834X X X X Extracts X X X X X X X X Extracts X X X X ..... his order will dispose of both the writ petitions. 2. Heard Mr.Jaykar, learned counsel for the petitioners and Mr.Venkatraman, learned Additional Solicitor General of India for the respondents. 3. In Writ Petition (L) No.5324 of 2020 petitioner seeks a direction to respondent Nos.2 and 3 to take on record the bills of entry for warehousing of the cargo covered by 11 bills of lading for 3265.710 MTS of imported yellow peas and to pass orders thereon for warehousing of the said imported goods. Additional prayer has been made that respondents be restrained from withholding the said bills of entry from warehousing and also from taking steps for selling the imported goods in question. 3.1. Be it stated that by the said bills of lading ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ght to auction the goods under section 48 of the Customs Act, 1962 and in this connection had issued auction notices to the petitioners on various dates in February and March, 2020. 8. It is under such circumstances that the two writ petitions have been fled seeking the reliefs as indicated above. 9. Responding to our notice dated 3rd November, 2020 respondent Nos.2 and 3 have fled common afdavits in both the writ petitions contesting the averments made by the petitioners. 10. In view of the order which we indicated to learned counsel for the parties and which we propose to pass it may not be necessary for us to deal with the rival contentions. 11. Infact, in the course of the hearing today, when it was indicated to learned couns ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hipped within thirty days from the date of unloading at a customs station or within such further time as the proper officer may allow or if the title to any imported goods is reliquished, such goods may after notice to the importer and with the permission of the proper officer be sold by the person having custody thereof. 15. Under section 48, if the imported goods are not cleared or warehoused etc. within the stipulated period which may be extended, then the person having the custody of such goods has the discretion to sell the goods. 16. Considering the above, we are of the view that a decision has to be taken by the authority under section 46 of the Customs Act. Without such decision being taken, it would not be just and proper to allo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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