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2017 (9) TMI 1091

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....gnanam, J. For the Petitioner : Dr. S. Krishnanandh For the Respondents : Mrs. R. Hemalatha ORDER Heard Dr. S. Krishnanandh, the learned counsel appearing for the petitioner and Mrs.R. Hemalatha, the learned Senior Panel Counsel for the respondents. With consent on either side, the Writ Petition is taken up for final disposal. 2. The petitioner has sought for issuance of a Writ of C....

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....as it was opined that a test has to be conducted as to the contents of the Cargo. So far as the imports effected by the petitioner are concerned, there was a reference made to the Circular, bearing No.38 of 2012, issued by the Assistant Commissioner of Customs (DEPB/7H), the first respondent, vide communication dated 17.03.2017, addressed to the Deputy Commissioner (Docks), All Cargo CFS, Chennai,....

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....dent/Customs Department would submit that the test report in respect of the samples, which were drawn at the time of release of 80% of the cargo is yet to be received from the Laboratory. 7. Be that as it may, till date, no proceedings have been initiated against the petitioner for the quantity of cargo already released. That apart, the petitioner has been regular importer of the very same good....

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....rovisionally release the cargo. Thus, merely because, the petitioner has given a letter, dated 06.06.2017, stating that 15% of the goods may be detained, cannot operate as estoppel against the petitioner. 9. Thus, for the afore said reason, this Writ Petition is disposed of, by directing the first respondent to provisionally release the balance amount of cargo, viz., 15%, which has been detaine....