2025 (11) TMI 392

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....hwarya Kantawala, Ms. Ayushi Jha i/b Jeffry Caleb,. For the Respondent Nos. 2 to 4: Mr. Jitendra B. Mishra a/w Ms. Sangeeta Yadav, Mr. Rupesh Dubey,. For the Respondent No.6: Mr. Satyaprakash Sharma a/w Mr. Abhishek R. Mishra,. PC:- 1. Heard learned counsel for the parties. 2. Mr. Kantawala, the learned counsel for the Petitioner, pointed out that the imported dates have been detain....

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....ld in the Indian market. He initially stated that even before the Hon'ble Supreme Court, in the case of Union of India and Ors. v. In Make India Impex (Petition for Special Leave to Appeal (C) No. 31205 of 2025), submissions were made on behalf of the Union of India that the only options were either to destroy the goods or to reexport them. 5. Mr Mishra clarifies that he submits there are only ....

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....that the Petitioner is not cooperating in the matter. Mr. Kantawala denies this allegation of non-cooperation. 8. Thus, it is apparent that the Petitioner's suggestion about the sale of the goods by the Customs Authorities or reexport of the goods is not acceptable to the Customs Authorities. No timeline is also being provided for the commencement of the adjudication proceedings or their conclu....

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....ion. The alternate proposal for re-export [by retaining samples for investigation] is being resisted by submitting that re-exports may be possible only after the conclusion of adjudication, and that no timeline can be indicated for the commencement and, consequently, the conclusion of adjudication. 11. Accordingly, we direct the Respondent Nos. 5 and 6 to file affidavits inter alia, regarding t....