9911796707
TMI Blog2017 (1) TMI 137X X X X Extracts X X X X X X X X Extracts X X X X ..... this case took place on 23.12.2015, that is nearly a year ago. To date, adjudication has not been completed - the communication dated 10.11.2016 is quashed. Respondents are, however, given liberty to conclude the adjudication with due expedition, though, not later than four (4) weeks from the date of receipt of a copy of this order. The respondents will, however, release the seized goods i.e., the gold bars to the petitioner on a bank guarantee being furnished, equivalent to 50% of the value of the seized goods, as indicated in the communication dated 10.11.2016 - the petitioner will furnish a personal bond for the remaining 50% of the value of the seized goods i.e., the gold bars - petition disposed off - decided partly in favor of petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner was intercepted at the airport. The petitioner, was subjected to search. The search revealed that the petitioner was carrying four yellow coloured metal bars, which according to the respondents were concealed in grey coloured trousers worn by him. Accordingly, the gold bars were seized. The respondents, however, as per the prescribed procedure had the gold bars weighed. The record shows, that the four gold bars, weighing 466 grams, which were valued at ₹ 11,93,892/-, had a purity of 24 carat. 4. It appears that the petitioner had moved this Court by way of a writ petition, which was, numbered as W.P.No.1142 of 2016 to seek provisional release of the seized goods i.e., the gold bars. The said writ petition, however, was dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontention of the petitioner that even before he could make formal representation for release of goods by invoking the provisions of Section 110 A of the Customs Act, 1962 (in short the "Act"), the request was declined based on a pending representation. 7. It is, in these circumstances, that the petitioner filed a second writ petition i.e., W.P.No.12123 of 2016, wherein, a challenge is laid to the order dated 12.02.2016. I am told that the said writ petition is pending adjudication before this Court. Therefore, as would be obvious, this is really the petitioner's third attempt to seek, inter alia, release of the goods, apart from another relief, to which, I have made a reference right in the beginning. 8. It is in these circu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 06.04.2016, passed in W.P.(C) No.11641 of 2015, titled: Shiv Shakti Trading Company Vs. The Commissioner of Customs (Preventive) and another. 11. On the other hand, the learned counsel for the respondents seek to place reliance on the stand taken in the counter affidavit. It is, however, conceded by the learned counsel for the respondents that no adjudication order has been passed. In sum, the learned counsel for the respondents says that there is an error in the impugned communication dated 10.11.2016, to the extent, it refers to the fact that the petitioner should obtain a stay of the operation of the order-in-original or the order-in-appeal. 11.1. Notwithstanding the error, the submission made on behalf of the respondents is that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refore, it would have to be assumed at the moment that the petitioner did waive his right to be served with a show cause notice under Section 124 (a) of the Act. 13.2. However, notwithstanding the aforesaid circumstance, the respondents were required to conclude the adjudication, within a reasonable period of time. (See Shiv Shakti Trading Company Vs. The Commissioner of Customs (Preventive) and another). 13.3. Seizure in this case took place on 23.12.2015, that is nearly a year ago. To date, adjudication has not been completed. 13.4. In these circumstances, as a matter of law, release of the subject goods would have to be ordered. 14. Having regard to the aforesaid, I have put to the learned counsel for the petitioner as to whether he ..... X X X X Extracts X X X X X X X X Extracts X X X X
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