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        Case ID :

        2019 (5) TMI 1743 - HC - Customs

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        Court grants interim custody of seized animals, directs care & security bond. Petitioners' urgent hearing application allowed. The court allowed the petitioners' application for urgent hearing during the summer vacation. Notices were directed to be issued to the respondents within ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Court grants interim custody of seized animals, directs care & security bond. Petitioners' urgent hearing application allowed.

                              The court allowed the petitioners' application for urgent hearing during the summer vacation. Notices were directed to be issued to the respondents within four weeks upon payment of the process fee. The court granted interim custody of the seized exotic birds and animals to the petitioners, subject to a security bond of Rs. 1,00,000, with directions to take proper care of the animals. The petitioners, Sanstha Karuna Sagar, were required to furnish a security bond and ensure proper care, including vaccination, for the animals. The matter was listed for admission on a specified date.




                              Issues:
                              - Application for urgent hearing during summer vacation
                              - Question of admission
                              - Question of interim relief
                              - Interim custody of seized birds and animals

                              Application for Urgent Hearing:
                              The petitioners filed an application for urgent hearing during the summer vacation, which was allowed after due consideration by the court.

                              Question of Admission:
                              The court heard the question of admission and directed that notices be issued to the respondents within four weeks upon payment of the process fee.

                              Question of Interim Relief:
                              The petitioners argued for interim custody of the seized exotic birds and animals, emphasizing their emotional attachment and care for the animals. The court noted that there was no evidence of illegal importation of the animals under the Customs Act. The court granted interim custody of the birds and animals to the petitioners, subject to a security bond of Rs. 1,00,000, with directions to take proper care of the animals.

                              Interim Custody of Seized Birds and Animals:
                              The court considered the nature of the dispute, the petitioner's concerns, and the legal basis for the seizure by the Customs Officer. It was decided to grant interim custody of the seized birds and animals to the petitioners, Sanstha Karuna Sagar, with specific conditions. The petitioners were required to furnish a security bond and ensure proper care, including vaccination, for the animals. The matter was listed for admission on a specified date.
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                              ActsIncome Tax
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