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TMI Blog2012 (1) TMI 78X X X X Extracts X X X X X X X X Extracts X X X X ..... line – Held that:- Additional Commissioner (Customs) should take appropriate steps for keeping the seized goods in the safe custody and for releasing the 40 containers to the petitioner for which the Court thinks that period of one month would be reasonable as more than a year have passed since letter dated 11.10.2010. Further, release of containers should not be taken to mean that the petitioner has been absolved of its liability if any under the provisions of the Customs Act, 1962 or any other enactment, in case the authorities decide to take any action. - WRIT TAX No. - 1716 of 2011 - - - Dated:- 3-1-2012 - R.K. Agrawal, B. Amit Sthalekar, JJ. For Appellant :- Gulab Singh Yadav,Rasmitha R. Chandran For Respondent :- S.P. K ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... being transported/exported in these containers. The goods were given on 23.1.2010 in the supurdagi of the Chief Manager, Container Corporation of India Ltd. Inland Container Depot, Noida-Dadri Road, Near Dadri Railway Station, Tilapata, Greater Noida, Distrcit Gautam Budha Nagar, Uttar Pradesh, the respondent no.2. All the forty containers are standing there. Since then correspondences have been exchanged between the parties. The petitioner is pressing for release of containers after unloading the goods contained therein. The petitioner earlier approached the Delhi High Court by means of Writ Petition No.3925 of 2011 seeking release of the containers. It has been dismissed as withdrawn vide judgment and order dated 12.9.2011 on the ground t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... suffering irreparable loss as containers are being held up for a pretty long period, which is now more than two years. Sri A.K. Shukla, learned counsel for respondent no.2 referred to the stand taken in the counter affidavit filed by Sri Vinod Bhatia, Chief Manager of the respondent no.2 and submitted that the respondent no.2 does not have enough space so as to keep the goods in safe custody. Moreover the goods can not be kept in an open area. The goods are highly perishable in nature. He submitted that the respondent no.2 has sent letters to the respondent no.1 seeking clarification, which is awaited. Thereafter necessary action would be taken for releasing the containers. We have given our thoughtful consideration to the various plea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uthorized representative of the petitioner' company and also get few sample of the goods sealed with the joint signature to avoid any dispute regarding the nature/quality of the seized goods in the adjudication proceedings and release the forty containers to the petitioner latest by 6th February, 2012. The petitioner shall file a certified copy of this order before respondent no.1 within a week from today. We may make it clear that by this order directing for release of the 40 containers after unloading the seized goods in favour of the petitioner it should not be taken to mean that the petitioner has been absolved of its liability if any under the provisions of the Customs Act, 1962 or any other enactment, in case the authorities decide to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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