TMI Blog2021 (6) TMI 959X X X X Extracts X X X X X X X X Extracts X X X X ..... aking the petitioner to pay demurrage charges is of no use to both the parties. Keeping the consignment in Government warehouse may lead to spoilage of the agricultural products. This Court is inclined to grant an Ad Interim Direction, directing the respondents to provisionally release the goods imported to the petitioner on the conditions imposed - petition allowed. - WMP(MD) No.7249 of 2021 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 746469 dated 28.04.2021, 3656537 dated 21.04.2021, 3655260 dated 21.04.2021 and 3655555 dated 21.04.2021 pending disposal of the above writ petition. 2.On the side of the petitioner, it is stated that the petitioner has purchased black pepper from eight sellers from Srilanka. The import of pepper is not prohibited by any law for the time being in force. The petitioner has submitted all the rele ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondents, it is stated that the the petitioner has purchased the pepper only for a lesser amount but has wrongly created bills for a higher amount, i.e., the petitioner purchased the pepper for a sum of ₹ 245/- per kg but has produced bills, as if he has purchased the pepper at the rate of ₹ 575/- per kg. The local market value is ₹ 350/- per kg. No prudent man will import a p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gher rate was mentioned only to circumvent the minimum import price. That purchasewas made on 25.03.2021 and that statement was recorded on 27.03.2021 and that statement recorded under Section 108 of Customs Act is admissible in evidence. 5.On the side of the respondents, it is stated that the respondents have already passed an order for the seizure of the goods and the release of the goods wil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s only) before the second respondent and he has to execute a bond for a sum of ₹ 6,00,00,000/- (Rupees Six Crores only) before the second respondent. (ii)The petitioner shall not alienate or alter the goods. (iii)The products should be kept safe somewhere within the local jurisdiction of the respondents. (iv)The place of the storage of the products has to be intimated to the respond ..... X X X X Extracts X X X X X X X X Extracts X X X X
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