2018 (9) TMI 1772

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....9;ble Court may issue a writ or Mandamus or a writ in the nature of Mandamus or any other direction, to Respondent No.2 to furnish the Petitioner with samples drawn under panchnama dated 05.05.2018, from each of the 10 tankers. b) This Hon'ble Court may issue a writ of Mandamus or a writ in the nature of Mandamus or any other direction, to Respondent No.2 to act upon its request for re-testing of the samples drawn under panchnama dated 05.05.2018, on all 21 parameters prescribed under the IS Specification 1460:2005 as amended thereafter, from a reputed and independent institution such as Indian Institute of Petroleum, Dehradun; c) This Hon'ble Court may issue a writ of Mandamus or a writ in the nature of Mandamus or any other ....

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....e with all 21 parameters prescribed in IS specifications 1460/2005 as on date through an independent agency o repute as Indian Institute of Petroleum, Dehradun; as already sought by the Petitioner; are procured and presented before this Honourable High Court, (a-3) Ad-interim relief in terms of prayer (a-1 or a-2) above; f) Ad-interim relief in terms of prayer (3) and (e) above; ................................" 3. Shri Kamal Trivedi, learned Senior Counsel appearing with Ms.Priyal Parikh would contend that at this stage, viz. seizure memo issued on 15.5.2018 under Section 110 (1) of the Customs Act, 1962, according to the department, goods have been imported by the petitioner by resorting to misdeclaration of the goods as 'B....

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.... be permitted to make representation. Upon instructions received from the petitioner, it is submitted that the petitioner would be answerable to any legitimate call viz. issuance of summons seeking any clarification or explanation from the petitioner and lawful action under the Act. On instructions received, learned ASG, Shri Devang Vyas, states that if such representation is made by the petitioner the same will be considered by the authority in accordance with law and the petitioner shall answer such summons that may be issued under the Act. It is also submitted that the department is expected to complete the adjudication proceedings within two months and, accordingly, the above stand of both the parties be considered. 6. Having regard to....