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of <h1>Court orders release of seized auto parts, emphasizing Customs Act provisions. Unlawful seizure after Commissioner's order.</h1> <h3>M/s AUTO CREATERS Versus UNION OF INDIA & ORS</h3> M/s AUTO CREATERS Versus UNION OF INDIA & ORS - 2015 (325) E.L.T. 49 (Del.) Issues:1. Compliance with the order in appeal dated 19.07.2012 by the Commissioner of Customs for release of imported automobile parts.2. Validity of the conditions imposed on provisional release of goods under Section 110A of the Customs Act, 1962.3. Interpretation of Section 110(2) regarding the return of seized goods in the absence of a show cause notice within the stipulated time frame.Issue 1: Compliance with Commissioner's Order:The petitioner sought direction against respondent nos. 2 and 3 to comply with the order in appeal dated 19.07.2012 by the Commissioner of Customs for releasing imported automobile parts seized by customs authorities. The Commissioner allowed the appeal and set aside the impugned conditions on the provisional release of goods.Issue 2: Validity of Conditions on Provisional Release:The petitioner imported automobile parts seized by customs authorities, and requested provisional release under Section 110A of the Customs Act, 1962. The release was granted subject to conditions not acceptable to the petitioner. The petitioner approached the High Court, which directed the Commissioner to treat the writ petition as an appeal. The Commissioner, in the order dated 19.07.2012, set aside the conditions imposed on provisional release, citing lack of disclosure on undervaluation details and absence of a Show Cause Notice within the stipulated time frame.Issue 3: Interpretation of Section 110(2):The petitioner argued that the time limit under Section 110(2) for issuing a Show Cause Notice expired, entitling unconditional release of goods. The respondents contended that the Show Cause Notice issued after the Commissioner's order should be considered within the specified time frame. The Court emphasized the operation of the proviso to Section 110(2), mandating the return of seized goods in the absence of a timely notice. The Court held that continued seizure of goods after the Commissioner's order was unlawful, directing unconditional release while requiring cooperation with the ongoing enquiry.This judgment addressed issues regarding compliance with the Commissioner's order for releasing seized goods, the validity of conditions on provisional release under Section 110A, and the interpretation of Section 110(2) concerning the return of goods in the absence of a Show Cause Notice within the prescribed time frame. The Court emphasized statutory provisions, previous judgments, and the operation of the proviso to Section 110(2) to determine the entitlement to unconditional release of goods. Ultimately, the Court ordered the unconditional release of seized goods, declaring the continued seizure as unlawful and directing cooperation with the ongoing enquiry.
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