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TMI Blog2018 (8) TMI 1412X X X X Extracts X X X X X X X X Extracts X X X X ..... istrate's (Economic Offences) Court, Ernakulam and hence the release was not being effected - Held that:- Admittedly, there is no stay petition filed by the Department before the first appellate authority. As has been noticed by the learned Single Judge, the order passed under the Customs Act, 1962 is now in force and the Department is obliged to release the goods (gold ornaments) unless there is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .P1 order. The Department is said to have taken up a contention that certification proceedings are pending before the Additional Chief Judicial Magistrate's (Economic Offences) Court, Ernakulam and hence the release was not being effected. It was in such circumstances that the appellant approached this Court with a Writ Petition. In the Writ Petition, a counter affidavit was filed by the Depar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner had purchased gold from one of the nominated agencies being Bank of India, Bullion Branch, Chennai as nominated following the procedure in the Handbook of Procedures of Foreign Trade Policy, 2015- 2020, read with notification 57/2000 and Circular 27/2016 issued by the Central Board of Excise and Customs. As per the Scheme, an exporter can obtain precious metal on outright purchase by payme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tlement available on import. The appellant was before the adjudicating authority, who has passed Ext.P1 levying redemption fine and penalties as seen from Ext.P1. The appellant has remitted the entire amounts imposed as per Ext.P1 and has filed an appeal against Ext.P1. However, the Department has not released the gold ornaments intended for export for reason of there being an appeal preferred by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... either dispose of the same or at least the stay petition, within a period of one month. The parties shall co-operate to get the matter heard finally or at least the stay application. If the consideration is not made as directed herein within a period of one month, then again, there shall be release of the gold seized by the Department based on Ext.P1 order. Needless to say that if the appeal of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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