2016 (9) TMI 622

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....nda, Advocate, Mr. Amit Goyal for the respondent ORDER Rajesh Bindal, J. The petitioner has approached this Court challenging the detention of the goods imported by the petitioner as Heavy Melting Scrap and Re Rollable Steel Scrap. The goods were inspected by the Chartered Engineer appointed by the Customs Department. The opinion expressed was that the goods fall in the category of Second....

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....aw. He referred to earlier order passed by this Court in CWP No. 20328 of 2011 M/s Raja Iron Store vs Union of India and others decided on 13.12.2011. On the other hand, learned counsels for the respondents submitted that as per the report of the Chartered Engineer, some of the goods were found to be appearing fresh or not used. It was further opined by the Chartered Engineer that the material ....

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.... was ranging from 0.23 mm to 0.30 mm. He further opined that the material was serviceable and can be used for many applications. He further opined that the slit coils fall under the category of Seconds & Defective CRGO Silicon Steel Strips in Slit Coil Form. For two containers, the Chartered Engineer opined that the contents consist of Cold Rolled Grain Oriented Steel Sheets/ Strips cut to differe....

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....ing the material being scrap or it can be used as such. Even as per the opinion expressed by the Chartered Engineer, the material can be used after cutting/ punching, but it was in the category of Seconds and Defective material. To take care of the apprehension expressed by the Department that the material can be re-used, the petitioner had offered its mutilation at his own cost before it is re....