9911796707
TMI Blog1992 (2) TMI 105X X X X Extracts X X X X X X X X Extracts X X X X ..... ackages/cases to contain certain antiquities. (b) The said detention of the goods came to be challenged by the petitioners/appellants herein by filing writ petition in this Court earlier being Writ Petition No. 3378 of 1986. By the said writ petition the petitioners sought to revoke an order of detention and permit the export of items covered by three shipping bills consisting of 87 cases. The said writ petition No. 3378 of 1986 filed by the petitioners came to be allowed by this Court and the learned Single Judge of this Court granted permission to export the said items. Against the said judgment dated 5th February, 1987 passed by the learned Single Judge an appeal came to be preferred before the Division Bench of this Court being Appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n No. 796 of 1988 was taken out by the appellants/petitioners in which it was prayed that pending the hearing and final disposal of the writ petition, the respondents herein be ordered and directed to take charge of the said five cases lying in the docks since June, 1986 and to remove the same and store them in the bonded warehouse for safe custody. In the said motion, the Customs Department had filled affidavit-in-reply in which they have rightly pointed out that the petitioners/appellants had exported only 71 cases pursuant to the order of the Supreme Court of India by which 76 cases were ordered to be released. The contention of the Customs Department in the said affidavit is also that the said 76 cases have been released by the Customs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ases in question contain antiquities. However, in view of the order of the Supreme Court directing the Customs Department to release 76 cases, the title of the said five cases has now vested in the appellants/petitioners. Secondly, one fails to understand that under which provisions of the Customs Act, this Court should direct the Customs Department to keep 5 cases lying in the docks and store in the bonded warehouse. Pursuant to the orders of the Supreme Court, if the cases in question are released, it is the duty of the appellants to take steps in respect of 5 cases which are lying in the docks. In the circumstances, it is not proper for this Court under Article 226 of the Constitution of India to direct the Customs Department to take cha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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