2015 (11) TMI 200

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.... And Mrs. Archana Meenakshee ORDER Heard Mr. Tiwary for the petitioner and Mrs. Archana Meenakshee for the Customs Department. A counter affidavit has been filed on behalf of the Customs Department. The petitioner has filed rejoinder thereto. Dispute in the present case is the terms/conditions on which the vehicle, which admittedly belonged to the petitioner, could be released provisio....

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....ase of the vehicle (pick-up van) on certain condition(s). The conditions imposed can be appreciated on reading the relevant part of the order which is extracted hereinbelow: "Considering the facts and circumstances of the case, the Joint Commissioner of Customs, Patna has been pleased to order for provisional release of Tata 407 Pick-up Van bearing Regn. No. BR-05G-7812 valued at Rs. 7,00....

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....provisionally released on execution of bond and deposit of part/portion of the seized value of the vehicle/article. He has relied in this regard on diverse orders passed by the respondents as contained in Annexure-5 series. The Counsel has also submitted that if the Court on the basis of pleadings on record as also the relevant provisions of Act is satisfied that the authorities have not acted rea....

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....e present case, is whether the condition(s) as imposed by the respondent for provisional release of the vehicle is onerous and smacks of whims of the Customs Authority. Besides placing the diverse orders which the respondent has passed while directing for provisional release of the article/vehicle, as noticed above, the Counsel for the petitioner has also drawn attention of the Court to the order ....