9911796707
TMI Blog2008 (12) TMI 219X X X X Extracts X X X X X X X X Extracts X X X X ..... toms (Preventive), West Bengal, passed pursuant to the directions contained in the order dated 19th March, 2008 in W.P. 4700 (W) of 2008 [Narendra Lohia & Others v. Assistant Commissioner of Customs (P), West Bengal & Others] on the ground that though Section 110A of Customs Act, 1962 specifically provides for provisional release of goods pending adjudication upon furnishing bonds and such securit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity while passing the order under challenge. Prayer has been made that since the Superintendent of Customs (Adjudication) CC (P), West Bengal by order dated 26th October, 2007 as evident from page 124 of the writ petition, in a similar matter had directed release of goods upon furnishing proper security, appropriate order may be passed. 2. I find from the records that the matter was taken up on 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ompleted". 5. In my view, since show cause notice dated 25th August, 2008 has been issued, it goes without saying that fact finding is complete and investigation is over and the matter has to be adjudicated. Since fact finding is complete, there is no reason why the proper directions shall not be issued for release of betel nuts and the truck in question. Therefore, the order dated 27th March, 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the cash, on furnishing of bond and other stipulations as mentioned in this order. 6. The writ petition is, thus, allowed. 7. There will be no order as to costs. 8. Parties are permitted to take down the gist of this order for communication and the respondent authorities including the respondent no. 3 shall act on the basis of such communication. 9. Urgent xerox certified copy of this orde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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