2010 (2) TMI 633

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..... iary capacity by the customs authority – objection of Revenue maintainability of claim before CIC not raised in earlier round of litigation – court not inclined to entertain new ground in present petition - order of the CIC will not be treated as a precedent - samples in a fiduciary capacity is left open - application are accordingly dismissed - 1103 of 2010 - - - Dated:- 23-2-2010 - S. Murali .....

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..... he meaning of the Right to Information Act, 2005 ("RTI Act"), the CIC ought to have considered that the samples were being held by the Customs authorities only in a fiduciary capacity. It is further submitted that the CIC had not accounted for an earlier order dated 20th October 2007 whereby the claim of the Respondent for a request for examination of remnants of samples was rejected. 3. T .....

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..... ed interim order on 16th November 2009 noting that the Commissioner of Customs (I and G), Delhi and the DRI had taken contrary positions with regard to the custody of the remnants of the samples. Notice was thereafter issued to the Chairman, Central Board of Excise and Customs ("CBEC") to determine as to who was the custodian of the samples. The Chairman, CBEC in response to the above order inform .....

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