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        Case ID :

        2019 (12) TMI 956 - HC - Customs

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        Court dismisses writ petitions for release of seized goods by Custom Department including 'polyester knitted boys shorts' and 'Herbal Heena Mehandi.' The court dismissed the writ petitions seeking the release of seized goods by the Custom Department, including 'polyester knitted boys shorts' and 'Herbal ...
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                            Provisions expressly mentioned in the judgment/order text.

                                Court dismisses writ petitions for release of seized goods by Custom Department including "polyester knitted boys shorts" and "Herbal Heena Mehandi."

                                The court dismissed the writ petitions seeking the release of seized goods by the Custom Department, including "polyester knitted boys shorts" and "Herbal Heena Mehandi." As provisional release orders had already been granted for the goods, the court found no basis to quash the seizure orders. The petitioners were advised to utilize legal avenues under the Customs Act, 1962, and related Rules, as well as the respondent's policy, in case of further adverse actions. The court emphasized that the petitioners had available legal recourse to address any grievances within the framework of the law.




                                Issues: Release of seized goods by Custom Department

                                Analysis:
                                The petitioners filed writ petitions seeking the release of goods seized by the Custom Department. The seized goods included "polyester knitted boys shorts" and "Herbal Heena Mehandi" meant for export, seized on 08.10.2018. The time limit for issuing show cause notices was extended on 04.04.2019. The respondent issued common show cause notices on 30.09.2019 for the seized goods, and as of the hearing date, no replies had been filed. The petitioners had requested and obtained provisional release orders for the goods on 27.12.2018 and 12.02.2019.

                                The court noted that since provisional release orders had already been granted for the goods, there was no basis to entertain the writ petitions seeking to quash the seizure orders dated 08.10.2018. The court highlighted that the petitioners could avail benefits under the Customs Act, 1962, and related Rules, as well as the respondent's policy. If the petitioners faced further adverse actions by the respondent, they were advised to seek recourse through appropriate legal channels. Consequently, the court dismissed the writ petitions, emphasizing that the petitioners had legal avenues available to address any grievances in accordance with the law.
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                                ActsIncome Tax
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