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TMI Blog2013 (12) TMI 1149X X X X Extracts X X X X X X X X Extracts X X X X ..... and 03-01-2013 of the petitioner for provisional release of the above motor bike u/s.110-A of the Act pending adjudication of the proceedings initiated - Decided in favour of assessee. - W.P.No.1335 of 2013 - - - Dated:- 28-1-2013 - Goda Raghuram And M S Ramachandra Rao, JJ. JUDGEMENT:- PER : M S Ramachandra Rao, J This writ petition has been filed by petitioner to declare the actio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... detained the bike by issuing a detention memo. Subsequently a seizure memo dated 07-12-2012 was issued by the office of the third respondent under Sec.110 (1) of the Act on the ground that there is reason to believe that it was smuggled/imported without paying applicable customs duties and was liable for confiscation under the provisions of the Act. 3. A show cause notice dated 14-12-2012 was i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also submitted another representation dated 03-01-2013 to the 1 st respondent requesting him to consider provisional release of the said motor bike under Section 110-A of the Act. 6. The petitioner's contention is that the respondents 1 and 2 have not replied to the petitioner's representations dated 11-12-2012 and 03-01-2013; that the law provides for provisional release of the seized goods pen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time leading to considerable depreciation in the value of the goods. The petitioner states that he is willing to give a bond and also furnish sureties as required under Section 110-A of the Act for the provisional release of the goods. 7. Heard Sri G.Mohan Rao, learned counsel for the petitioner and Sri V.Gopala Krishna Gokhale, learned Standing Counsel for the respondents. 8. The counsel for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the learned Standing Counsel for the respondents, we deem it appropriate to dispose of the writ petition with a direction to the respondents 1 and 2 to consider within a period of six weeks from the date of receipt of a copy of this order , the representations dated 11-12-2012 and 03-01-2013 of the petitioner for provisional release of the above motor bike u/s.110-A of the Act pending adjudicati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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