TMI Blog2022 (6) TMI 325X X X X Extracts X X X X X X X X Extracts X X X X ..... is maintained with the Jammu and Kashmir Bank Ltd., Connaught Place Branch, having a credit balance of Rs.1,04,888.04/-, as of 10.05.2022 - the other contention of Mr Ojha is that the petitioner would use the account maintained by him with the Jammu Kashmir bank, for receipt of remittances and for availing duty drawback and other benefits on account of the export consignment, which is the subject matter of present writ petition, and, perhaps, the past exports as well. At this juncture, this can only be a possibility since there is hardly any money in the petitioner s bank account. Besides this, the investigation is still on. As and when the respondents are in a position to take next steps in the matter, they cannot be prevented from d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s fit in the facts and circumstances of the case. d) Quash the seizure memo dated 28.04.2022 purportedly issued under section 110 of the Customs Act under File No. VIII (IO)/ACE/SIIB/DRI/Carpet/55/2021-22 dated 28.04.2022, being mala fide, illegal and arbitrary. 2. Mr Ashok Kumar Arya, learned senior standing counsel, who appears on behalf of respondent no.2/revenue, has drawn our attention to the provisional release order dated 10.05.2022. The conditions prescribed in the said order read as follows: (i) Furnishing of bond amounting to FOB value i.e. Rs. 99,17,332.55/- and Bank Guarantee amounting 18% of the FOB value. (ii) The exporter shall not dispute the identity of goods as found in CRCL reports. (iii) The expo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd that, in the provisional release order dated 10.05.2022, the second and third condition have been stipulated. 5. According to us, the third condition cannot form the basis for grant of provisional release, for the reason it is a little nebulous. While the parties agree that the subject export consignment consists of ten [10] packets, each of which was examined by CRCL; what it does not state with clarity is whether the third condition will bind the petitioner to the contents of the CRCL report insofar as the silk and cotton content is concerned. Mr Arya s submission is that it does. If that be the position, the petitioner cannot be bound by it. The petitioner should have the right to contest the findings of the CRCL report. Thus, to o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed with Axis Bank, according to Mr Ojha, has a credit balance of Rs. 2,882/- . 7.1. Mr Ojha, today, informs us that the account pertaining to the petitioner bears the following number i.e., 0055010950000015, which, as noted in the extract above, is maintained with the Jammu and Kashmir Bank Ltd., Connaught Place Branch, having a credit balance of Rs.1,04,888.04/-, as of 10.05.2022. 7.2. Mr Ojha has also clarified that the other accounts are maintained in the name of entities, which are, according to respondent no.3, connected to the petitioner. Mr Handoo, however, strongly refutes the suggestion. 8. The other contention of Mr Ojha is that the petitioner would use the account maintained by him with the Jammu Kashmir bank, for re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the said provisional release order, stands satisfied.] (ii) The respondents will lift the hold qua bank account no. 0055010950000015 concerning the petitioner maintained with Jammu Kashmir Bank, Connaught Place Branch. (iii) Insofar as the respondents are concerned, in case, they wish to take any further steps in the matter, either with regard to past exports and/or the subject consignment, they shall do so in accordance with the law. This shall, however, not come in the way of the petitioner taking recourse to remedy(ies) available to it, as per law. (iv) As far as the seizure memo is concerned, since the challenge to same was made mid-way, by way of amended writ petition, and given the fact that the goods have been p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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