2016 (7) TMI 1160

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....or the Petitioner Mr. Pradeep S. Jetly with Mr. Jitendra B. Mishra for the Respondents ORDER P.C. 1. We have heard both sides. On 15th February, 2016, a Division Bench of this Court to which one of us (S.C. Dharmadhikari, J.) was a party, had passed an order directing the Principal Chief Commissioner of Customs to provisionally release the goods / consignments. He was directed to make ....

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....order and direction. It is a mockery that instead of passing an order pursuant to the appearance of the petitioner, the Principal Chief Commissioner has allowed some body who not of the same rank, but in the department to address such communications and pre-judge the issue. If indeed the signatory to the letter dated 19th February, 2016, was a competent authority or official, then, the Commissione....

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....eto so also the Civil Application and its annexures and affidavit-in-reply, we are of the opinion that there is much substance in the complaint of Mr. Kantawala. Though Mr. Jetly would pursuade us to allow the department to pass an order through a competent official, we are not acceding to that request. In the peculiar facts and circumstances of this case when the authorities appear to have made u....

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....nobody's purpose. 6. Having heard both sides on the request of the provisional release of the goods, we are of the opinion that interest of justice would be served if we pass the following order :- (a) On the petitioner allowing the department officials to take photographs of the TV sets and equally to seize any materials and documents in relation to the sets and furnishing a bond ....