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TMI Blog2023 (10) TMI 122X X X X Extracts X X X X X X X X Extracts X X X X ..... IAL) AND MS. HEMAMBIKA R. PRIYA, MEMBER (TECHNICAL) Present for the Appellant : Shri Arjun Raghuvender & Jayant Kumar, Soham Bandopadhyay, Advocates Present for the Respondent :Shri Nagender Yadav, Authorised Representative ORDER Arguments on the Miscellaneous application filed by the appellant requesting stay of disposal of seized 'gold dore bars' is heard. It is observed that there was im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DRI have concluded different purity of the seized gold. It is impressed upon that these different reports reflects the arbitrariness on part of department. More so for the reason that these were not made available to the appellants. They had obtained these reports pursuant to their application dated 18.09.23, under Right to Information Act. Hence it is prayed that the seized gold may be restrained ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dore bars' in question. It is pertinent to note here that 'gold dore bars' should have the purity of less than/ upto 95% while being imported. The reports on record are observed to be both ways, i.e. less than 95% as well as more than 95%. In these circumstances, clause 2.4.3 of the guidelines for disposal of seized goods as produced by the department is relied upon. It reads as follows: "2.4.3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted to not to deal with, or temper with. or part or otherwise dispose of the said goods without obtaining prior permission from or directions of the office of DRI, Noida Regional Unit, Noida and to keep the detained goods in safe custody till further directions from office of DRI Noida and to produce the goods as and when required by DRI Noida." 5. Learned Authorised Representative has acknowledg ..... X X X X Extracts X X X X X X X X Extracts X X X X
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