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2019 (8) TMI 1428 - HC - CustomsRelease of seized goods - HELD THAT - The concerned respondent are directed to decide the representation dated 31st July, 2019 of the petitioner which is at Annexure P-18 to the memo of this writ petition, for the release of the goods, in accordance with law, rules, regulations and government policy applicable to the facts of the present case, after giving an adequate opportunity of being heard to the petitioner, as early as possible and practicable, preferably within a period of four weeks from the date of receipt of a copy of this order. Petition disposed off.
Issues:
1. Exemption application 2. Release of seized goods Exemption Application: The judgment begins with an exemption application being allowed, subject to all just exceptions. The application is then disposed of swiftly. Moving on to the main issue, the petitioner seeks the release of goods seized by the respondents. The Senior Counsel for the petitioner requests the release of the goods, with an application pending with the respondents since July 31, 2019. The court directs the concerned respondent to decide on the representation for the release of goods, emphasizing compliance with relevant laws, rules, regulations, and government policies. The respondent is instructed to provide a fair opportunity for the petitioner to be heard, aiming for a decision within four weeks from the order's receipt. Consequently, the writ petition and the application for stay are disposed of based on these directions. Release of Seized Goods: The petitioner's plea revolves around the release of goods seized by the respondents. The court acknowledges the representation dated July 31, 2019, regarding the release of goods, which is crucial to the disposal of the writ petition. Emphasizing the importance of adherence to legal provisions and policies, the court directs the concerned respondent to decide on the release of goods promptly. The court stresses the significance of providing the petitioner with a fair opportunity to present their case before making a decision. The directive aims for a swift resolution, ideally within a four-week timeframe from the date of the court order. As a result, the writ petition and the application for stay are concluded based on this directive, ensuring a timely decision on the release of the seized goods.
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