9911796707
TMI Blog2015 (1) TMI 1078X X X X Extracts X X X X X X X X Extracts X X X X ..... ause notice has been issued only to the importer and not to them. The petitioner claims to be the owner of the goods. - The contention of the petitioner that the staff of the warehouse have wrongly dispatched the goods instead of the declared goods has to be proved only by way of adjudication. Therefore, the relief sought for by the petitioner to release the goods or reshipment cannot be granted at this stage. However, since the importer has disowned the goods, there is no impediment for the authority to permit the petitioner to participate in the adjudication process, as they claims to be the owner of the goods. Further, the petitioner company is a foreign company and the allegation against them is that the goods have been smuggled into In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the present writ petition for the issuance of a writ of mandamus directing the respondents to release the consignment of Snap Fasteners, Sliders, Elastic Tapes and Sewing Needles and other goods and permit the petitioner to re-ship the consignment of Snap Fasteners, Sliders, Elastic Tapes and Sewing Needles and other goods stuffed in the container bearing No. XINU1504429 and Bill of Lading No. 740200004018, dated 21-1-2012 and imported vide Bill of Entry No. 5970001, dated 10-2-2012 lying in the custody and control of the respondents in the Chennai Port. 3. The petitioner is the registered trade licensee in Hong Kong. The petitioner exported the goods containing Snap Fasteners, Sliders, Elastic Tapes and Sewing Needles and others from H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e employees of M/s. Shiny Knitwear, Tirupur. Therefore, a show cause notice dated 28-2-2013 has been issued and the matter is pending for adjudication. The goods have been misdeclared in order to evade payment of Anti-dumping duty. The investigation reveals that the petitioner has intentionally shipped the goods along with the declared goods. Since, the adjudication process is pending, the release of goods or re-shipment does not arise. However, the respondents have no objection for the petitioner to participate in the adjudication process as he claims to be the owner of the goods. 5. Heard the learned counsel appearing on either side. 6. It is the case of the petitioner that the alleged goods have been wrongly shipped along with the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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