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TMI Blog2012 (2) TMI 359X X X X Extracts X X X X X X X X Extracts X X X X ..... Mr.B.Satish Sundar For respondents : Mr.P.Mahadevan, Central Government Standing Counsel Mr.A.Abrar Ahmed O R D E R Heard the learned counsel for the petitioner and the learned counsels appearing for the respondents. 2. It has been stated that the petitioner company, which is operating from Hongkong, is an importer and exporter of various commodities, such as imitation stones, artificial stones and other such products. During the course of its business the petitioner had shipped one consignment of Imitation Glass stones, in 39 cartons, weighing 854 kilograms. The consignment was sent on the orders placed by M/s.Sky Way Corporation, Jaipur. The said goods had arrived at the Air Cargo Complex, Meenambakkam, Chennai. 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lhi High Court, in Agrim Sampada Ltd. Vs. Union of India, reported in 2004 (168) ELT 15 (Delhi), the title in respect of the goods abandoned by the importer would vest with the petitioner. 6. In the counter affidavit filed on behalf of the first respondent it has been stated that the importer has not abandoned the goods, even though he had chosen not to file the bill of entry, in order to escape from the clutches of law and in order to avoid detection of its mode of operation by the investigating agency. During the examination, it had been found that the goods had been mis-declared as imitation stones, in order to evade payment of a higher duty. Therefore, a show cause notice had been issued to the importer for the violation of the prov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... does not have any serious objection for the re-export of the goods in question, the respondents are directed to permit the petitioner to re-export the goods in question, as prayed for by the petitioner, in the present writ petition. However, it is made clear that it is open to the authorities concerned, to pass an appropriate order, with the view to initiate the necessary action against the parties concerned, if it is deemed to be necessary, in respect of the alleged infringement of the relevant provisions of law, if any, as expeditiously as possible, as the petitioner, has been incurring heavy demurrage charges. Further, it is made clear that the respondents are directed to consider the request of the petitioner, for the re-shipment and re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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