2016 (7) TMI 1243

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..... iew that a direction can be issued so that the entire proceedings can be completed instead of issuing a direction for considering provisional release. However, while doing so, this Court indicates clearly that the prayer as sought for by the petitioner cannot be granted as a writ of certiorari cannot be issued against a Detention Notice. In any event, the Department cannot be injuncted from taking .....

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..... : Mr.Hari Radhakriahnan For the Respondent : Mr.A.P.Srinivas Sr.Standing Counsel O R D E R Heard Mr.Hari Radhakriahnan, learned Counsel appearing for the petitioner and Mr.A.P.Srinivas, learned Senior Standing Counsel appearing on behalf of the respondents and with the consent of learned counsel appearing on either side, this writ petition itself is taken up for final disposal. .....

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..... ntry is 'Hot Rolled Alloy Steel Coils'. 5.The respondents have filed a counter affidavit. Firstly it has been stated that a Detention Notice cannot be the subject mater of challenge in a Writ Petition. Secondly, it has been stated that during the course of examination, since, incriminating evidence have been recovered from the impugned consignments, they are liable for confiscation and .....

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..... and perusing the averments made in the counter affidavit, it shows that the respondents are inclined to consider for provisional release of the goods. Therefore, this Court is of the view that a direction can be issued so that the entire proceedings can be completed instead of issuing a direction for considering provisional release. However, while doing so, this Court indicates clearly that the pr .....

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..... mani, Chennai, for testing the grade of the coils and for submission of the report. The cost for such test shall be borne by the petitioner. On receipt of the report and after furnishing a copy thereof to the petitioner, the respondents shall finally assess the bill of entry and pass appropriate orders, within a period of two weeks from the date of receipt of a copy of the Test Report. It is needl .....

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