2008 (11) TMI 5 - SCH - Central Excise

HC has given a categorical finding on merits holding that there is nothing to show that goods are liable to confiscation -HC appears to have decided the matter finally, even though that was not the stage for doing so and was beyond the scope of adjudication of the writ petition - HC has not indicated any reason as to why the condition of execution of indemnity bond and furnishing of bank guarantee, as was stipulated by the authorities, was not justified order of HC is set aside

Summary

The Supreme Court granted leave in the case where the High Court made a final decision on an interim matter beyond its scope. The High Court's order was set aside, and the case was remanded for fresh hearing without unnecessary delay. The matters were requested to be allotted to an appropriate Bench by the Hon'ble Chief Justice of the High Court.