9911796707
TMI Blog2023 (5) TMI 676X X X X Extracts X X X X X X X X Extracts X X X X ..... no-objection certificate, prima facie case is made out for release of the goods. In that view, the competent custom authority is directed to release and facilitate the clearance of the goods of the petitioner - In the meantime, the respondent Nos.3 and 4, who are the private entities and claiming their charges against the petitioner, are not precluded from initiating civil action against the petitioner, if advised, to be dealt with in accordance with law and on its own merits. - HONOURABLE MR. JUSTICE N. V. ANJARIA And HONOURABLE MR. JUSTICE DEVAN M. DESAI PRATEEK S BHATIA(8629) FOR THE PETITIONER(S) NO. 1 MR SIDDHARTH DAVE FOR MR CHIRAYU A MEHTA(3256) FOR THE RESPONDENT(S) NO. 1,2 MR AMIT LADDHA FOR MR HARDIK P MODH(5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elon seeds made on or before 30.9.2022 from the exporting country were to be allowed for clearance at the Indian custom ports provided that the bill of entry was filed and such goods are handed over to the custom authority for examination before 31.10.2022. 3.2 Since the bill of lading mentioned that the goods were shipped on board on 30.9.2022, the department thought it fit to investigate about the actual date of shipment and the compliance of the aforesaid policy condition in relation to the policy of watermelon seeds import. After investigation, the custom authorities found that date of export mentioned in the shipping bill to be 30.9.2022 was correct and genuine. In this regard it appears, as stated in the affidavit, information was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng of Cargo in Customs Area Regulations, 2009. The petitioner has prayed for direction to the respondent No.1 custom authority to hand over the physical delivery of the goods from the custom area to the petitioner. 5. In the facts and circumstances of the case, Rule, returnable on 17.8.2023. 6. In the facts of the case when the custom authorities have issued no-objection certificate, prima facie case is made out for release of the goods. In that view, the competent custom authority is directed to release and facilitate the clearance of the goods of the petitioner. 7. In the meantime, the respondent Nos.3 and 4, who are the private entities and claiming their charges against the petitioner, are not precluded from initiating civil ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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