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TMI Blog2010 (7) TMI 181X X X X Extracts X X X X X X X X Extracts X X X X ..... e, Counsel, Vipul Kundalia, K. Shah and Ms. Aritra Chakrabarty, for the Respondent. [Order]. - A xerox certified copy of the impugned judgment and order is brought to this court as the appeal was initially filed with the copy obtained from Server. This certified copy is kept on record. 2. Department is directed to tag this certified copy with the Memorandum of Appeal. 3. Both the application as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udgment in Narendra Lohia v. Assistant Commissioner of Customs (Prev.), reported in 2009 (238) E.L.T 62 (Cal.) in an identical matter the authorities had complied with the direction and had released the goods on proper security. 5. The learned trial Judge, it appears, following the said decision has passed similar order. 6. Mr. Bharadwaj, learned counsel appearing on behalf of the appellants whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce of the show- cause notice, he submits that the detention of the goods is unnecessary. According to him, the goods ought to have been released unconditionally. However, the learned trial Judge has passed the said order which has been accepted by his client. 8. While deciding the issue we need to examine whether the discretion exercised by the learned trial Judge is arbitrary or not. When we fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er of the learned trial Judge, sample as required for the purpose of adjudication may be preserved upon notice to the writ petitioner/respondent. 12. There will, however, be no order as to costs. 13. All points are kept open for adjudication by the appropriate officer since reply to the show-cause is said to have been filed. 14. Urgent xerox certified copy of this order be supplied to the appli ..... X X X X Extracts X X X X X X X X Extracts X X X X
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