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TMI Blog2014 (7) TMI 814X X X X Extracts X X X X X X X X Extracts X X X X ..... ndents. During search the respondents seized several documents, hard discs, laptops and lorries bearing registration Nos.TN-69-M-9087, TN-69-P-9087 and KA-01-AC-5457, etc. Thereafter, the petitioner has received a show cause notice alleging that the petitioner had imported betel nuts under the guise of cashew nuts in six containers through Tuticoirn Port and illegally diverted the import laden containers to his godown for substituting the betel nuts in the containers with raw cashew nuts available in the godown, at the time of shifting the containers from Tuticorin Port to CWC Container Freight Station. The petitioner was detained under COFEPOSA and the same was challenged in HCP(MD).No.166 of 2009. This Court, after hearing both sides, has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the said premises by breaking open the one time locks and replacing them with the one time locks procured by him locally, sent them to the CFS. During the relevant period, the petitioner has filed 88 Bills of Entry for import of raw cashew nuts, which required import clearance from phytosanitary authorities. The reason behind these illicit imports appears to be the intention to wrongly avail duty benefit, inasmuch as betel nut is subject to 100% ad valorem duty, whereas raw cashew imports are exempted from duty. Thus, he has evaded a customs duty to the tune of Rs. 16,81,71,700/-. Hence, the vehicles of the petitioner, bearing registration Nos.TN-69-M-9087, TN-69-P- 9087 and KA-01-AC-5457, were seized under Section 110 of the Customs Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y this Court with a specific direction to the petitioner to furnish his reply within a period of two weeks, after receipt of the copies of the documents sought by him. It was further directed by this Court that the petitioner shall cooperate with the respondents in the adjudication proceedings for passing appropriate orders as expeditiously as possible. Now, it is the contention of the learned counsel for the respondents that though a show cause notice was issued to the petitioner as early as on 16.07.2009 and though a specific direction was given by this Court in W.P.(MD)No.1147 of 2011, vide order dated 20.02.2012, till date he has not replied for the same. Thus, it is the contented by the learned counsel for the respondents that since th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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