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2013 (6) TMI 123

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..... or which we have already granted six weeks’ time in a connected petition. Once such enquiry is over, it would be open for the police authorities, of course, subject to all the rights and contentions of respondent No. 5 as also the customs authorities, to proceed further in accordance with law in connection with such FIRs. Police authorities shall remove their seals on the bonded warehouse to enable customs authorities to complete their enquiry. It would, however, be the duty of the customs authorities to ensure that the goods lying in the warehouse are not permitted to be taken out. They shall also ensure that the necessary records are taken in their custody and are made available for future reference. Once the enquiry is over, the resul .....

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..... their own investigation. The police authorities insisted upon the cooperation from the Customs Department and found the response not entirely to their satisfaction. Eventually, an FIR came to be recorded on 19th September 2012 being Prohibition C.R. No. 5449 of 2012. In such FIR the allegations have been made principally against the proprietor of the bonded warehouse on the premise that large quantity of foreign made liquor was stored in the warehouse in excess of the declared stock for the purpose of breach of the prohibition law. In such FIR the allegations of non-cooperation on the part of the Customs Authorities in the police enquiries have also been made. On the same day, yet another FIR bearing C.R. No. II 3418 of 2012 came to be fil .....

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..... over, it would be open for the police authorities, of course, subject to all the rights and contentions of respondent No. 5 as also the customs authorities, to proceed further in accordance with law in connection with such FIRs. For such purpose, we hereby provide that the police authorities shall remove their seals on the bonded warehouse to enable customs authorities to complete their enquiry. It would, however, be the duty of the customs authorities to ensure that the goods lying in the warehouse are not permitted to be taken out. They shall also ensure that the necessary records are taken in their custody and are made available for future reference. Once the enquiry is over, the result thereof may also be communicated to the police aut .....

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