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2018 (9) TMI 521 - HC - CustomsRelease of detained goods - goods are perishable in nature - Section 110A of the Customs Act 1962 - Held that - Since the goods are perishable in nature and the petitioner has applied under Section 110A of the Act of 1962 on August 29 2018 and the customs authorities has issued a notice of hearing for September 11 2018 it would be appropriate to direct the customs authorities to consider and dispose of such proceedings as expeditiously as possible - petition disposed off.
Issues:
1. Delay in disposal of application under Section 110A of the Customs Act, 1962 for perishable goods. Analysis: The petitioner raised concerns about the delay in the disposal of an application made under Section 110A of the Customs Act, 1962 for perishable goods seized by the customs authorities. The petitioner argued that the customs authorities were unnecessarily delaying the process, which could lead to the deterioration of the goods. The respondents, on the other hand, denied the allegations made by the petitioner. The court acknowledged the perishable nature of the goods and directed the customs authorities to consider and dispose of the proceedings expeditiously. The court emphasized that the customs authorities must adhere to the principles of natural justice and provide a reasonable opportunity of hearing to the petitioner. Furthermore, if the customs authorities decide to consult documents or hear other parties besides the petitioner, they must notify the petitioner accordingly. The court ordered that the customs authorities should aim to complete the disposal of the proceedings within three weeks from the date of the application, as specified in the order passed on August 24, 2018. The judgment highlighted the importance of timely action in such cases involving perishable goods to prevent any further deterioration. The writ petition was disposed of with no order as to costs, and all points raised by the parties were kept open for future consideration. Overall, the judgment focused on ensuring a fair and expedited process for the disposal of the application concerning the perishable goods seized by the customs authorities, emphasizing the need for compliance with natural justice principles and timely resolution of the matter to prevent any loss or damage to the goods.
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