2003 (12) TMI 83

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....above miscellaneous application was filed by the appellant in Appeal No. C/262/2002-Kol., seeking implementation of the Tribunal's order dated 27-11-2001 to return the gold confiscated from the applicant. When the application came up for hearing on 22-4-2003 it was adjourned to 1-5-2003 to enable the respondent to implement the final order. On 1-5-2003 when the case was taken up, the learned Senio....

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.... Bengal, Calcutta Custom House to be personally present before us on 11-8-2003. Since the Commissioner was not present on 11-8-2003, the matter was adjourned to 18-8-2003. 2. The Commissioner submitted that the final order passed by the Tribunal was implemented and the gold has been released to the owner Shri Girdhari Dubey. A copy of the order was also produced. We directed the Commissioner date....

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....16-10-2003. We heard Shri M. Chandrasekharan who was assisting the Tribunal as amicus curiae in these proceedings. He submitted that on going through the averments in the affidavit of the Commissioner, it could be seen that the delay was caused due to lack of coordination between the different authorities. It may be true that there was lack of vigilance on the part of the officers including the re....