2016 (3) TMI 795

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....espondent : Ms. Mallika Srinivas Standing Counsel ORDER The petitioner has filed the above writ petition to issue a writ of Mandamus to direct the respondents to provisionally release the goods, viz. 466.56 gms. gold seized by the respondent authorities vide Mahazar dated 23.12.2015 pending adjudication in O.S.No.1366 of 2015 on the file of the respondents. 2. It is the case of the petitioner t....

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....respondent, the petitioner contended that he is entitled for provisional release of the gold under section 110A of the Customs Act, as the said provision for the Customs Act duly enables him to have the goods released provisionally. On 28.12.2015, the petitioner gave a representation to the respondents, however, the respondents have not released the gold seized from the petitioner. 3. The respond....

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.... person. Search of the person in the presence of Superintendent (AIU) and in the present of the witnesses resulted in the recovery of four yellow coloured metal bars kept concealed in the grey colour pant worn by the passenger which were totally weighing 466 grams and suspected to be gold. According to the respondents, gold bars are liable for confiscation under section 111(d) and (l) of the Custo....

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....he gold seized by the respondent after the completion of the adjudication. Since the respondents have not commenced the adjudication, I direct the respondents to commence the adjudication at the earliest and complete the adjudication within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner can seek for release of the gold after the completion of the adjudica....