2020 (12) TMI 1099

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....Petitioner(s) : Mr Saurabh Kapoor Advocate With Mr Prateek S Bhatia ORAL ORDER (PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA) 1 By this writ application under Article 226 of the Constitution of India, the writ applicant, a proprietary concern through its proprietor, has prayed for the following reliefs: "(i) Issuance of writ/order or direction in the nature of certiorari/mandamus s....

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.... (iii) By way of interim relief, the Hon'ble Court may kindly be pleased to permit re export of goods upon furnishing of bond pending the decision f the appeal filed b the petitioner. (iv) Exparte relief in terms of para (iii) may kindly be granted (v) Issuance of writ/order or direction in the nature of certiorari/mandamus seeking directions to the respondent No.5 to d....

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....r 2020. The operative part reads thus: "ORDER i) I order confiscation of imported goods weighing 10401 Kgs and valued at Rs. 36,01,792/covered under Bill of Entry No.6467365 dated 14.01.2020; in terms of Section 111(d) of the Customs Act, 1962. However, I give an option to importers to reexport the goods on payment of redemption fine of Rs. 5,00,000.00 (Rupees Five Lakh only) ....

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....erein - Commissioner of Customs (Appeals), Kandla. However, his grievance is that till this date, the appeal has not been taken up for hearing despite repeated request for the same. 3 We are of the view that as statutory appeal has already been filed by the writ applicant against the final order of confiscation passed by the adjudicating authority, the request to reexport the goods also shou....