2007 (7) TMI 543

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..... als are being decided by a common order inasmuch as the issue involved is identical. 2. After hearing ld. Advocate appearing for the appellants, I find that the imported timber logs stand confiscated by the impugned order passed by Commissioner of Customs, Kandla with an option to the appellant to redeem the same on payment of redemption fines. In addition personal penalties stand imposed upon t .....

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..... station etc. He submits that prior to the loading of the consignment in Malaysia, the same was thoroughly inspected and treated by the Department of Agriculture, Sarawak, Malaysia, who had issued the requisite Phytosanitary certificate certifying that the said consignment was free from pest and was considered to be in conformity with the regulations of the importing country i.e. India. In any ca .....

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..... benefits. 4. After hearing the ld. DR, I find that the timber logs were allowed to be cleared by the customs without insisting on the release order. If production of release order was required at the time of clearance of the timber logs, it is not understood as to how out of charge was granted by the customs authorities without insisting on production of the said certificate. However, the cert .....

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