2025 (2) TMI 909

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....s. N Ojha, Adv. (M: 9650049869). Mr. Shankar Kr. Jha, SPC, UOI. ORDER PER 1. This hearing has been done through hybrid mode. 2. The present petition has been filed under Article 226 of the Constitution of India seeking release of the currency to the tune of USD 24,500/- which was seized by the Respondent/Department from the Petitioner on 6th March, 2023. 3. The case of the Petitioner is that s....

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....fiscated above on payment of redemption fine of Rs. 2,50,000/- (Rupees Two Lakh Fifty Thousand Only) under Section 125 of the Customs Act, 1962 along with the payment of applicable, Customs duty penalty, other duties cess and charges as applicable. The redemption to be allowed after the completion of legal formalities in this regard and also fulfillment any regulatory clearances/approvals required....

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....allenging the said Order-in-Original or not. 6. Mr. Tyagi, ld. Counsel on instructions, today, submits that an appeal has been preferred by the Respondent/Department and hence, the release would not be possible at this stage. 7. Since the clear instructions are that the Department has challenged the Order-in-Original dated 29th March, 2024, the Commissioner (Appeals) must now adjudicate the appe....