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TMI Blog2018 (5) TMI 452X X X X Extracts X X X X X X X X Extracts X X X X ..... g in Bangkok for more than 11 years and has a valid Indian passport and the gold, not being a prohibited item, this court is of the view that Gold jewellery can be directed to be provisionally released by the respondent. There will be a direction to the third respondent to release the gold jewellery to the petitioner subject to payment of 50% of the duty as computed by the third respondent - pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave been certified to be of 24 Carrate gold weighing 379 gram. A recognized goldsmith has valued the gold at ₹ 11,44,201/-. 3. In the mahazar, the respondent Department has noted the statement given by the petitioner, who had stated that someone unknown to her has given them for being delivered to somebody else at the Chennai Airport. Subsequently, the petitioner has retracted the said st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent. 4. More or less identical issue arose for consideration in W.P.No.1421 of 2011 wherein the assorted gold jewellery were seized and the Court ordered provisional release of the gold jewellery on certain conditions against which the Department preferred appeal in W.A.No.582 of 2011, which was disposed of by modifying the order passed in the writ petition by directing the writ petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd issue a notice to the petitioner and upon remittance of the 50% of the duty determined by the third respondent, the third respondent shall release the Gold jewelry within one week thereafter. The petitioner should give an undertaking that she will not sell or mortgage or part away with the gold jewelry till the adjudication process is completed and the petitioner should extend her cooperation t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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