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TMI Blog2022 (10) TMI 1138X X X X Extracts X X X X X X X X Extracts X X X X ..... t', Sasthamcotta, which runs several educational institutions in and around Sasthamcotta. 2. It is submitted by the learned counsel appearing for the petitioner that the petitioner was totally unaware of the fact that the vehicle in question was illegally imported. It is submitted that the petitioner purchased the vehicle from a second hand car dealer in Chennai and this fact is confirmed by the contents of Ext.P7 show cause notice. It is pointed out even in Ext.P7 show cause notice, the only allegation against the petitioner is that the petitioner did not undertake proper due diligence before purchasing the vehicle and therefore, the show cause notice proposes to impose the penalty on the petitioner for the same. It is submitted that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Himachal Pradesh was also available inside the vehicle when the vehicle was seized from the custody of the petitioner. It is submitted that any interference with the conditions upon which provisional release was ordered will have serious consequences as similar cases are registered across the country and there is no reason for this Court to interfere with the conditions imposed for provisional release in proceedings under Article 226 of the Constitution of India especially when the petitioner has an effective alternative remedy of appeal to the first appellate authority. The learned Deputy Solicitor General of India also refers to the judgment of the Telangana High Court in WPC No.5982 of 2022 and refers to the conditions upon which relea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provisional release will stand quashed. The vehicle of the petitioner shall be released to the petitioner subject to the following conditions:
1) The petitioner shall pay 50% of the customs duty mentioned in Ext.P5 and will also execute a bank guarantee for the balance 50%. The bank guarantee will be kept alive till the proceedings are completed in the matter;
2) The petitioner shall execute a bond for a sum of Rs.84 lakhs (PD Bond) in the manner prescribed by the 3rd respondent;
3) The petitioner shall keep the vehicle in good condition and shall not alienate or encumber the same in any manner and shall produce the vehicle before the 3rd respondent as and when demanded;
The writ petition will stand disposed of as above. X X X X Extracts X X X X X X X X Extracts X X X X
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