9911796707
TMI Blog1999 (2) TMI 80X X X X Extracts X X X X X X X X Extracts X X X X ..... d. The respondents' further case is that the petitioner's contention that the gold which was seized was the same as was bought by them from Standard Chartered Bank is not correct, based on the identification of the gold as seized, when compared with the identification of the gold as sold by the Standard Chartered Bank. 4. During the course of arguments reliance was placed by the parties on Sections 110, 111 and 112 of the Customs Act. One thing, however which clearly emerged was that the importation of gold into India is not prohibited. The dispute, either leading to the confiscation of the gold or otherwise, is mainly with regard to the liability of the petitioner to pay the Customs duty, as also any possible liability to pay the penalty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udication proceedings. It is not for me to hazard any comments about this aspect of the matter at this stage. I, however, feel that the release of the gold in favour of the petitioner shall be in conformity with the spirit of Section 125 of the Customs Act which does permit such a release in lieu of contemplated confiscation provided an order is passed ensuring that the duty of customs is paid and the interest of the respondents are properly safeguarded if ultimately the respondents do consider levying penalty. The proper safeguarding of the respondents' interests in a case like the present one can effectively be achieved by prescribing such measures which may ensure that the petitioner does not escape or evade the ultimate liability, if fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stand discharged at the expiry of the three month's period. 4. The petitioner shall fully cooperate with the respondents in the adjudication proceedings. If the petitioner fails to cooperate in such proceedings, after giving one notice of their intention to do so, the respondents shall be at liberty to proceed ex parte in the matter. The respondents shall also be at liberty to seek appropriate directions from this Court, if any necessity so arises. 8. Since no affidavit-in-opposition is filed by the respondents, nothing stated in the writ application shall be deemed to be admitted by them. 9. The writ application finally disposed of. 10. All parties concerned to act on a signed xerox copy of this dictated order on the usual underta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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