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TMI Blog2015 (11) TMI 200X X X X Extracts X X X X X X X X Extracts X X X X ..... Mr. Kishore Kumar Mandal, J For the Petitioner : Mr. Shri Prakash Tiwari For the Respondent : Mr. Sanjay Kumar(ASG) And Mrs. Archana Meenakshee ORDER Heard Mr. Tiwary for the petitioner and Mrs. Archana Meenakshee for the Customs Department. A counter affidavit has been filed on behalf of the Customs Department. The petitioner has filed rejoinder thereto. Dispute in the present case is the terms/conditions on which the vehicle, which admittedly belonged to the petitioner, could be released provisionally. It is the case of the petitioner that he owns a pick-up van bearing Registration No. BR-05G-7812. It was hired by someone for carrying goods. It was subsequently found that the vehicle of the petitioner was carr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce in the case of some others similarly situate, the said authority passed the order for provisional release of the vehicle/article on execution of bond for full seizure value. However, in some other cases, considering the severity of the allegation, the vehicle was directed to be provisionally released on execution of bond and deposit of part/portion of the seized value of the vehicle/article. He has relied in this regard on diverse orders passed by the respondents as contained in Annexure-5 series. The Counsel has also submitted that if the Court on the basis of pleadings on record as also the relevant provisions of Act is satisfied that the authorities have not acted reasonably then the same may constitute a case of violation of Article ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d not take away the power of the Customs Authorities to levy redemption fine if subsequent to release of goods import was found not valid or that there was any other irregularity which would entitle the customs authorities to confiscate the said goods Section 125 of Customs act, 1962.[para 1] Having regard to the rival submissions of the parties, in my view, the ends of justice would sub-serve if the present application is disposed of by the following order: Let the respondent in the light of order (Annexure-2/A) release the vehicle of the petitioner bearing Registration No. BR-05G-7812 on execution of the bond for full seizure value of the seized vehicle and also depositing a sum of ₹ 1,00,000/- as security deposit. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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