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TMI Blog2018 (12) TMI 1307X X X X Extracts X X X X X X X X Extracts X X X X ..... ew that any order passed on the request of the petitioner for releasing the other goods would affect the investigation and further adjudication process and therefore, the petitioner has to only face the investigation and adjudication process, especially, when the allegations made against the petitioner is serious in nature, that about 552 cartons of sewing machine needles were found in excess in the import consignments, which is over and above from the declared goods - petition dismissed. - W.P.No.29380 of 2018 - - - Dated:- 3-12-2018 - Mr. Justice K. Ravichandrabaabu For the Petitioner : Mr.S.Baskaran For the Respondents : Mr.K.Magesh, standing counsel ORDER The petitioner seeks for mandamus directing the respondents ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... explain the reasons for the excess goods found in the import consignment. The overseas supplier has sent a communication to the Chief Commissioner of Customs on the request made by the said Khettendra Paul, stating that an inadvertent mistake of wrong shipment was made and accordingly, they sought for re-export of 552 cartons of sewing machine needle. The said Khettendra Paul also appeared before the DIU Officials and explained the entire sequence of events. The officials have ill treated the petitioner. When the goods under import are admittedly not prohibited goods, while the sewing machine needles attracting payment of additional duty, which was found in excess was ultimately not ordered by the importer and the same was even accepted by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also failed to submit any document to substantiate to prove the original importer of the goods. The investigation is still under progress and the persons involved are not cooperating inspite of issuance of various summons. The goods have been mis-declared to evade the payment of total duty to the tune of ₹ 5,63,63,853/-, which includes ADD liability of ₹ 4,44,39,031/-. When the offending goods are more than the declared goods, the petitioner cannot claim innocence subsequent to detection by investigating agency, as if it was inadvertently shipped. The request for re-export of the goods concealed cannot be entertained, as they are liable to be confiscated. 4. Mr.S.Baskaran, learned counsel for the petitioner submitted that eve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed on the request of the petitioner for releasing the other goods would affect the investigation and further adjudication process and therefore, the petitioner has to only face the investigation and adjudication process, especially, when the allegations made against the petitioner is serious in nature, that about 552 cartons of sewing machine needles were found in excess in the import consignments, which is over and above from the declared goods. As it is now clear that the subject matter goods sought to be released are imported along with offending goods concealed in the same container and that thus, an offence case is made out and the investigation is in progress, I find no reason to entertain and pass any order in this writ petition. Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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