2011 (12) TMI 660

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.... Panchanama dated 27-10-2010 filed as Annexures 1 & 2 to the writ petition. 2. Briefly stated, the facts giving rise to the present writ petition are as follows. 3. The petitioner is the proprietor of the firms M/s. Sandeep Manufacturing Strips (a manufacturing unit) and M/s. Sandeep Metal Supply (a trading company). The manufacturing unit is situated at Loni, Ghaziabad whereas the trading unit is situated at Chawri Bazar, Delhi. The two units of which the petitioner is the proprietor is engaged in manufacturing and trading respectively of copper items falling under Chapter Heading 74 of Central Excise Tariff Act, 1985. A search was conducted in the premises of M/s. Sandeep Manufacturing Strips, Loni, Ghaziabad and the goods....

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....rovisionally after completing the prescribed formalities i.e. after execution of the B-11 Bond equal to the value of goods seized backed by security equal to 25% of the Bond amount. 6. We have heard Sri H.M.B. Sinha, learned counsel for the petitioner and Sri S.P. Kesarwani, learned Senior Standing Counsel appearing for the Respondents No. 1 & 2. 7. Sri Sinha, learned Counsel submitted that the petitioner is prepared to deposit the amount of excise duty and penalty which may be imposed on the seized goods and, thereafter, the seized goods be released. A further plea has been raised that the respondents are not supplying the legible copies of the relied upon documents in the show cause notice and, therefore, the petitioner is....

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....10. The submission of Sri Sinha that the seized goods may be released on deposit of the amount of Excise duty which is likely to be levied, if accepted at this stage even when the adjudication proceedings are yet to be completed would set at naught the statutory provisions which provides for confiscation of seized goods and its release on payment of redemption amount. We may mention here that the duty, and penalty which may be imposed is in addition to the confiscation of goods, if ordered and is not in lieu thereof. That being the position, we cannot direct the release of seized goods on payment of Excise duty and penalty, which may be imposed. 11. We may observe here that the adjudication proceedings are pending since 25-1-20....