2019 (12) TMI 888

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....to pay value of goods, which have expired and could not be sold due to seizure. 2. The brief facts necessary to adjudicate controversy involved as emerging from record are that the Petitioner is manufacturing insecticides. On 01.10.2015 a team of officers of Directorate General of Central Excise Intelligence (for short 'DGCEI') searched various premises of Petitioner and on 17.11.2015 seized stock worth MRP Rs. 3.60 Crore which was lying in different godowns as well Ambala Factory of Petitioner. The Petitioner time and again requested Respondent to release seized stock and Respondent vide letter dated 13.04.2016 ordered to provisionally release goods subject to payment of duty, furnishing of bond of Rs. 2.52 Crore i.e. 70% of MRP and ban....

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....ion is pending before Adjudicating Authority. 5. Having scrutinized record of the case and heard arguments of both counsel, we find that Respondent-DGCEI seized insecticides which are having shelf life on account of expiry date. The goods were seized on 17.11.2015 and provisional release order was passed on 13.4.2016 i.e. after the expiry of 5 months. The release conditions were onerous which this court vide order dated 13.6.2016 modified. The value of goods and the fact that goods have become unfit for sale is not in dispute. This Court in Grosons case (supra) having noticed judgments of Hon'ble Supreme Court in the case of Shilps Impex Vs. Union of India 2002 (140) ELT 3 (SC) and Sunderbhai Ambalal Desai Vs. State of Gujarat AIR 2003 S....