9911796707
TMI Blog2017 (7) TMI 82X X X X Extracts X X X X X X X X Extracts X X X X ..... y of 51 lumps of nickel-silver scrap from the Customs Authorities - petition allowed - decided in favor of petitioner. - WP 955 of 2016 - - - Dated:- 13-6-2017 - Debangsu Basak, J. Mr. A. Chakraborti, Adv. Mr. A. K. Bhattacharya, Adv. Mr. N. Chowdhury, Adv. for the petitioner Mr. A. Ray, Adv. Mr. B. P. Banerjee, Adv. for the respondents ORDER The Court : The Court: The petitioner seeks delivery of 5058.9 kgs of nickel-silver scrap from the authorities. The learned Advocate for the petitioner submits that the authorities had seized three consignments of nickel-silver scrap belonging to the petitioner. A proceeding for confiscation was initiated which traveled upto the Supreme Court of India. At all stages the procee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat, the materials seized were stored at a godown which was kept under lock and key and was sealed. The lock and the seal were not tampered with. There was no possibility of the godown being accessed without any notice by any unauthorised person. In fact, the godown was not accessed at all apart from the time to make over possession of the materials to the petitioner. As to the disputed questions of facts with regard to the quality of the materials being involved, he submits that, it would be proper for the petitioner to file an appropriate proceedings for the purpose of realisation of its claim, if any. He further submits that there are 51 lumps of nickel-silver scrap available for the purpose of delivery to the petitioner. The balance is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ckel-solver scrap stood adjudicated upon as well as accepted and acted upon by the parties in the proceedings for confiscation. Therefore, the parties should not be allowed to take a stand which is contrary to that taken by the parties in the confiscation proceedings. At the time of taking release of the materials the petitioner has found that the materials offered for release are not of nickel-silver scrap. They are justified in refusing to receive the materials which were sought to be tendered to the petitioner. The materials offered for release are not the same as those seized. The contention that there are disputed questions of facts involved cannot be accepted. There is no dispute to the fact that the materials seized were of nic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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