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Issues:
1. Seizure of a T.V. set by Customs Inspector 2. Compliance with Section 110(1) and Section 110(2) of the Customs Act 3. Allegations of smuggling and ownership of the T.V. set 4. Delay in completing the investigation by the Department 5. Non-compliance with Section 124 of the Act 6. Petition outcome and costs awarded Analysis: 1. The judgment revolves around the dispute regarding the seizure of a T.V. set by a Customs Inspector at the residence of the petitioner. The petitioner claims that the T.V. set was seized but not physically removed due to an undertaking given by him, while the Department argues that there was no actual seizure. The court concludes that the set was indeed seized by the Department, even though it was not physically removed at the time, based on the actions and circumstances surrounding the incident. 2. The petitioner asserts that the Department should have passed an order under Section 110(1) of the Customs Act, which allows for the seizure of goods if there is a reason to believe they are liable for confiscation. The court agrees with the petitioner's argument and finds that the Department failed to comply with Section 110(2) and Section 124 of the Act by not taking any further action within the stipulated time frame. As a result, the court rules that the T.V. set must be returned to the petitioner, and no action can be taken against him for the alleged illegal importation. 3. The Department alleges that the T.V. set in question was smuggled, relying on statements from individuals involved in the consignment process. However, the petitioner claims that he believed the set was sent as a gift by a family member. The court examines the evidence presented by both parties and concludes that there is no concrete proof of smuggling, especially considering the delay in completing the investigation and lack of specific regulations banning the importation of T.V. sets at the time. 4. The judgment also criticizes the Department for the delay in completing the investigation and filing necessary documents in court promptly. Despite the petitioner's apprehension of interference with his possession, the court notes that the Department did not actively pursue the case or seek early resolution through the court, leading to prolonged legal proceedings. 5. Ultimately, the court rules in favor of the petitioner, ordering the Department to return the T.V. set and prohibiting any further action against him related to the possession or importation of the set. The judgment concludes by granting the petition and awarding costs to the petitioner, holding the Department accountable for non-compliance with statutory provisions and procedural delays in the case.
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