2006 (12) TMI 153

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....s seizure of goods vide seizure memo dated 18-5-2006 (Annexure P-1) and seeks a direction for release of seized goods. 2. Case of the petitioner is that the petitioner imported goods for home consumption, of which, clearance was permitted by the proper officer under Section 47 of the Customs Act, 1962. 3. On 18-5-2006 search was conducted at the premises of the petitioner, on the allegation ....

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....d perused the record. 7. We are of the view that pendency of proceedings cannot be a ground to retain the goods for an indefinite period. The goods were seized on 18-5-2006 and a period of more than 6 months has already been expired. 8. Learned Counsel for the respondent points out that vide Annexure R-3 and Annexure R-4, order of provisional release of goods has been passed, but the petitio....

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....t the rate of $ 1000 per metric tonne or even less than that. 10. In view of above, we direct that the goods of the petitioner be provisionally released subject to the petitioner's furnishing bank guarantee equal to the difference in the duty actually paid and duty calculated by taking the price of goods at the rate of $ 1000 per metric tonne. The petitioner will also comply with other conditio....