NAVSHAKTI INDUSTRIES PVT LTD Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) The Appellants are aggrieved by an order dated 3rd March, 2010 passed by a learned Single Judge in WP (C) No. 2228/2008 [2010 (253) E.L.T. 771 (Del.)]

(2.) The Appellants had imported newsprint under the Open General Licence. When the goods arrived at the port, they were finally assessed to duty which was paid by the Appellants and the goods cleared.

(3.) Subsequently, it appears that Respondents No. 2 and 3 received some information that the goods were being diverted for purposes other than newsprint. Acting on this information, the goods of the Appellants were seized in exercise of powers conferred by Section 111(o) the Customs Act, 1962. The Appellants then sought release of the goods on a provisional basis after their seizure and an order was passed by the Respondents on 9th January, 2008 apparently in exercise of power conferred by Section 110A of the Act agreeing to the release of the goods on the following four conditions: