2025 (3) TMI 751

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..... toms department had an obligation to ensure that the order-in-original is served or intimated to the Petitioner. There has been no compliance of the direction passed by this Court. Under such circumstances, the Petitioner cannot be forced to repeatedly approach the Court to even obtain a copy of the order - Accordingly, it is a fit case for directing the release of goods. The detention is, accordingly, quashed. The goods shall be released to the Petitioner. Warehouse charges shall be waived. Petition disposed off.
JUSTICE PRATHIBA M. SINGH AND JUSTICE RAJNEESH KUMAR GUPTA For the Petitioner Through: Mr. Mohammed Ather Ansari, Adv. For the Respondents Through: Mr. Harpreet Singh, SSC. PRATHIBA M. SINGH, J.(ORAL) 1. This hearing h .....

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..... respect of the goods i.e. gold chain (hereafter jewellery) which was detained under detention receipt no. 51431 dated 07.05.2022. 2. The petitioner prays that directions be issued to the respondent to pay the storage charges to Central Warehousing Corporation where the petitioner's jewellery has been stored or in the alternative, waive off the said charges. However, the learned counsel for the petitioner does not press the said relief and has confined the petition to praying that the copy of the order be furnished to the petitioner to avail of his remedies. The petitioner claims that he is a foreign national and had arrived in Delhi at Terminal No. 3, Indira Gandhi International Airport by Flight No. W50071 on 06.05.2022. He was found c .....

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..... petition, no order-in-original has been served upon the Petitioner till date. After the passing of an order by the Division Bench in the earlier writ petition, the Customs department had an obligation to ensure that the order-in-original is served or intimated to the Petitioner. There has been no compliance of the direction passed by this Court. 8. Under such circumstances, the Petitioner cannot be forced to repeatedly approach the Court to even obtain a copy of the order. 9. Accordingly, it is a fit case for directing the release of goods. The detention is, accordingly, quashed. The goods shall be released to the Petitioner. Warehouse charges shall be waived. 10. In case the goods are disposed of, the market value of the detained goods, .....

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