2023 (12) TMI 919

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..... Mr. U. S. Bhattacharya, Ms. Banani Bhattacharya ORDER Heard learned advocates appearing for the parties. This writ petition was filed by the petitioner making prayer for direction upon the respondent customs authority concerned to pay to the petitioner value of goods in question as on the date of seizure which was seized on the ground of foreign origin and that it was smuggled nature of the g .....

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..... , 62 only does arise when the confiscation vide the impugned order is upheld. In the present case, of the facts and circumstances, there is no iota of evidence to show the goods are of foreign origin and have been illegally imported into the country in concern of the appellant herein thereby rendering himself liable to be penalized. Since, confiscation of the goods seized held in the impugned orde .....

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..... ow that the impugned goods were of foreign origin and were illegally imported in the country which were the ground for confiscation and the appellate authority had set aside the impugned order of adjudication. Mr. Bhattacharya, learned advocate for the respondent customs authority could not produce any order or document to show that the aforesaid order of the appellate authority was further chall .....

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..... were hazardous for human consumption it has been destroyed. He further submits that the customs authority is not also bound to pay the petitioner the value of goods in spite of accepting the order of the appellate authority setting aside the adjudication order of the appellate authority. Such contention of Mr. Bhattacharya on the face of it is not sustainable and this stand of the department is h .....

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..... llegal and accordingly the respondent customs authority concerned is directed to pay to the petitioner the value of goods in question as on the date of seizure within a period of four weeks from the date of communication of this order. However, I am not inclined to grant any interest to the petitioner in the facts and circumstances of the case. Accordingly, this writ petition being WPA 116 of 202 .....

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