1998 (11) TMI 322

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..... nviable to agitate the matter before the Bench at Mumbai. 2. Heard both sides. Learned SDR has no objection. In view of the said Public Notice, these matters are ordered to be considered by this Bench. 3. Vide Misc. Application No. 1166/92, applicants have prayed for early hearing in the matter on the ground that besides their goods incurring demurrage, the garlics imported is deteriorated due to vagaries of weather at Mumbai Port. 4. Heard learned Advocate, Shri A.K. Jayaraj for the applicant who submitted that in the Order-in-Original, confiscation and redemption fine has been ordered, on the basis of some wholesale market inquiry made by Mumbai Custom House from M/s. Abu Bakkar Usman Sons, Garlic and Salt Merchant of Mumbai. On .....

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..... that the order is clear and considered particularly because the importers had admitted in their statement about the value of US $ 375/Kg/Metric tonne. 6. Learned Advocate further submits that on a representation the Mumbai Custom House had vide their letter dated 29-10-1998 (Copy submitted in Court) had conveyed the order of the Chief Commissioner of Customs, Mumbai to permit clearance of this consignment on payment of entire duty and on submission of Bank guarantee of 50% of the redemption fine and personal penalty and a personal bond for the remaining 50% of the fine and penalty imposed by the order impugned. However, when the said order was complied with, the Custom House has refused to honour the Bank guarantee and personal bond. In .....

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..... of the redemption fine imposed. Thereafter, the learned Commissioner shall give reasonable opportunity for hearing the importers afresh and also take into consideration any evidence which they may choose to lead in this regard. We also find that since the Custom House has allegedly not agreed to act upon the orders of their own Chief Commissioner regarding release of the consignment on Bank guarantee of 50% and personal bond of 50% as noted above, and since in the meantime the goods unlikely to deteriorate further, therefore we direct the learned Commissioner to complete the de novo adjudication proceedings within a period of two weeks from the date of the receipt of this order. Registry to issue the order `dasti (By Hand) in view of the .....

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