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TMI Blog2009 (6) TMI 479X X X X Extracts X X X X X X X X Extracts X X X X ..... ering Respondent No. 3 is liable for penalty under Section 114A of the Customs Act, 1962.held that- if the vessel is treated as seized as on today subject to whatever formal steps the respondents may take, the said barge is released on the following terms and conditions: (1) The Petitioners to furnish bank guarantee in the sum of Rs.55 lacs. In favour of Respondent No. 2 and to keep it alive till ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pondents were not permitting sailing of Accommodation Barge "MV Morayo" flying the flag of Sierra Leone. It is their contention that the barge was imported after complying with all the customs formalities. With the permission of the concerned authorities it was changed from coastal run to foreign run. The barge however, continued to remain in Indian waters during this period. 3. The respondents ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e charterer of the vessel. 4. The Petitioners have approached this court contending that they have to sail by 29-6-2009. Their vessel had been detained for very long period for no fault of theirs. It is also submitted that they should be entitled to detention certificate from the Customs on that count. We at this stage cannot consider this later relief. 5. Considering the controversy in our op ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... our opinion, the ends of justice will be met without going into the merits of the matter if the vessel is treated as seized as on today subject to whatever formal steps the respondents may take, the said barge is released on the following terms and conditions: (1) The Petitioners to furnish bank guarantee in the sum of Rs.55 lacs. In favour of Respondent No. 2 and to keep it alive till the compl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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