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Issues: Whether a pre-deposit order under Section 129E of the Customs Act, 1963 could be sustained when the customs authorities were already in possession of the goods.
Analysis: The appellate order required a deposit of Rs. 20,00,000/- under Section 129E. The record showed that the customs authorities were in possession of 270 bales of goods, and part of the goods had already been ordered to be released. On these facts, the Court held that a further pre-deposit could not properly be claimed or directed.
Conclusion: The pre-deposit direction was unjustified and was set aside, in favour of the appellant.