Release of detained goods pending adjudication permitted on payment under protest, with adjudication rights preserved

Detained goods were directed to be released pending adjudication on payment of the amount contemplated under the Act, following an identical earlier matter where release had been granted on payment under protest. The Court did not examine the detention on merits, and it preserved the respondent's right to continue with adjudication. The petitioner was required to participate in the adjudication proceedings after obtaining release of the goods.

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Issues: Whether the detained goods were liable to be released to the petitioner on payment of the amount demanded, pending adjudication.

Analysis: The detention was not examined on merits. The Court noticed that in an identical matter release had been directed on payment under protest and adopted the same approach, directing release of the detained goods on payment of the amount contemplated under the Act while preserving the respondent's right to proceed with adjudication.

Conclusion: The goods were directed to be released to the petitioner forthwith on payment of Rs. 2,38,590/-, and the petitioner was required to participate in the adjudication proceedings.

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