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1997 (7) TMI 298

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..... ]. These are Stay applications filed with reference to the order of Commissioner (Appeals) No. 15-Cus./ALLD/96, dated 29-3-1996. 2. Ld Counsel stated that in this matter the police had detained the appellants along with the goods (consisting of 163 plates of Bronze Brass) contained in gunny bags and subsequently handed them over to Customs and the impugned orders were passed by the Additio .....

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..... e its burden. 6. It was his submission that appellants have a strong prima facie case. In any eventuality the goods having been confiscated absolutely are in the custody of the Department and great hardship would be caused if appeals are not admitted and stay is not granted. He would think request that the matter may be admitted and stay may be granted on the basis of the ground mentioned in the .....

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..... Department was required to discharge the burden in case of non-notified goods. Furthermore the goods in question having been confiscated absolutely were in the custody and control of the Department; therefore, the revenue interest was secure. In these circumstances I grant the waiver of pre-deposit of penalty amount in each case. 10. The appeals may be listed for hearing in due course. 11. At .....

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