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2016 (11) TMI 616

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..... oceedings can be initiated and concluded on their own merits and in accordance with law, uninfluenced by any provisional release order. We expect that the Revenue would do that expeditiously for it has claimed to have unearthed a huge fraud perpetrated on public. Let the Petitioner comply with these statements and which we have accepted without prejudice to the rights and contentions of the parties and thereafter, the Additional Commissioner of Customs, Drawback Department, Nhava Sheva, Mumbai, shall take appropriate steps and unlock the IEC number as prayed in the Petitioner’s application dated 4th March, 2016 - petition disposed off. - Writ Petition No. 3341 of 2016 - - - Dated:- 4-4-2016 - S.C. Dharmadhikari and G.S. Kulkarni, JJ. .....

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..... Investigating Agency, are ex facie illegal. 4. On the other hand, Mr. Jetly seeks to justify this entire exercise by pointing out that a fraud on the public is perpetrated and is continued in the sense that some persons and dealing in carpets tried to take them out of India in the garb of confirmed export orders. However, the pattern now revealed is that there are certain persons operating from Dubai who through their front men allow import of these goods or similar goods from Dubai. They are received in India and against the Drawback scheme. Thereafter, certain confirmed export orders are obtained and there is evasion of duty. The statements have been recorded and this would reveal as to how in the garb of certain shipping bills and re .....

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..... order of adjudication in furtherance thereof. The adjudication proceedings can be initiated and concluded on their own merits and in accordance with law, uninfluenced by any provisional release order. We expect that the Revenue would do that expeditiously for it has claimed to have unearthed a huge fraud perpetrated on public. 7. Let the Petitioner comply with these statements and which we have accepted without prejudice to the rights and contentions of the parties and thereafter, the Additional Commissioner of Customs, Drawback Department, Nhava Sheva, Mumbai, shall take appropriate steps and unlock the IEC number as prayed in the Petitioner s application dated 4th March, 2016. 8. This order has been passed upon the suggestion of Mr. .....

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