- (1.) The petitioners had filed the present petitions praying for quashing Panchnamas dated 25-4-2006 and 26-4-2006 respectively and for a direction to the respondent to release the goods lying at the factory of the petitioners.
(2.) After notice to the respondent, on 15-6-2006, following order was passed : "A file containing the reasons for conducting the search at the premises of the petitioner has been produced in Court. We have perused the same and find that before conducting the search at the premises of the petitioner, reasons were duly recorded. The file has been returned to the counsel for the respondent. Adjourned to 18-7-2006 for arguments. In the meantime, it is directed as under : (i) The goods, which are lying seized in the factory of the petitioner, on which duty had been paid at the time of import thereof, shall be released to the petitioner on his furnishing bank guarantee to the extent of duty leviable on the goods by assessing the value thereof @ US$ 1000 per metric ton. However, the amount of duty already paid by the petitioner on these goods shall be reduced. (ii) As far as the goods lying at the port are concerned, the same shall be released to the petitioner on payment of duty on the value of the goods, as declared by the petitioner, and complying with other formalities for release of goods. The petitioner will be further required to furnish bank guarantee of difference of duty in case the value of the goods is assessed @ US $ 1000 per metric ton. (ii ) Seizure of the bank account of the petitioner shall be released forthwith. The above arrangement is by way of interim measure. However, the petitioner shall abide by final order determining his liability in appropriate proceedings under the Act (subject to his statutory remedy). Attested copy of the order be given to the Counsel for the parties by the Bench Secretary under his signatures."
(3.) The sum and substance of the order passed by this Court after notice to the respondent was that the duty was to be assessed by assessing the value of the goods @ US$ 1000 per metric ton and the same were to be released to the petitioners on furnishing of bank guarantee to that extent, as reduced by the amount of duty already paid or payable as per the invoice presented by the petitioners. This arrangement was made as an interim measure subject to any final order being passed in appropriate proceedings determining the amount of duty payable by the petitioner.;