2021 (4) TMI 646

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.... G.R.Swaminathan For the Petitioner : Mr.G.Derrick Sam for Mr.Hari Radhakrishnan For the Respondent : Mr.R.Aravindhan, Mr.Pala Ramasamy ORDER Heard the learned counsel for the petitioner, learned standing counsel for the customs department and the learned standing counsel for the Tamilnadu Mercantile Bank. 2.The petitioner had imported Brass Scrap(Melon) from Maldives. The petiti....

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....ft with no other option but to attach the petitioner's bank account with the Tamil Nadu Mercantile Bank. The petitioner requested that the authority can as well sell the goods in question and recover the proceeds. The Authority did not act on the said request . That necessitated filing of these two writ petitions. 3.The prayer in W.P.(MD)No.9286 of 2019 is for causing the sale of the goods.....

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....the very same breath, the assessing authority had held that the goods can be reexported. Therefore, no final order of confiscation has been passed so far. It is not as if the import of the goods is totally prohibited. They would only come under the restricted category. Therefore, the goods can be sold to someone who is authorised to take the goods. 7.The learned counsel for the petitioner dr....

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....eing adopted. 9.In this view of the matter, the respondents 1 and 2 are directed to sell the petition mentioned goods and appropriate the sale proceeds against the petitioner's liability. If the goods in question fetch more amount than the petitioner's liability, then after due adjustment, the balance amount will have to be paid to the petitioner and the attachment of the bank account w....