2013 (2) TMI 200

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.... JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. These writ petitions raise identical issues therefore they are disposed of by a common order. The petitioners in both the cases have imported photocopiers machines. After clearance, the said photocopier machines were stored in their respective godowns. At that point of time seizures were made on 06.09.2010 and 16.09.2010 insofar as the petitioner (Vi....

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.... (1) and no notice in respect thereof is given under clause (a) of section 124 within six months or within the further extended period of six months (totaling one year) of the seizure of the goods, the goods shall be returned to the person from whose possession they were seized. 4. This point has been considered by a Division Bench of this court in the case of Jatin Ahuja v Union of India and O....

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....spondent, however, submitted that there was another aspect of the matter which needed consideration. He drew our attention to paragraphs 17/18 of the counter affidavits filed in the matters. In those paragraphs the plea has been raised that the goods can only be released provided the petitioners fulfill the requirements specified in chapter IV of the Hazardous Waste (Management, Handling and Trans....