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2021 Supreme(Del) 1341

SUBRAMONIUM PRASAD
Amit Kumar Gupta – Appellant
Versus
Principal Commissioner Of Custo(import) – Respondent


JUDGMENT

Subramonium Prasad, J. - The present petition under Section 482 of the Code of Criminal Procedure is for setting aside the order dated 16.02.2020 passed the Ld. Chief Metropolitan Magistrate which directed the disposal of the goods imported by the petitioner which are perishable in nature and kept in the custody of the respondent in accordance with the Disposal Manual 2019. The Petitioner herein is a businessman and is the sole proprietor of M/s Jai Dev Traders, 384, Kirana Mandi, Ram Nagar, Ghaziabad-201001.

2. The facts, in brief, leading to the filing of the instant petition are as under:

    a) The Petitioner in the course of his business during October-December 2016 had imported Dry Dates from Dubai originating from Iran, about 8 containers thereof valued at Rs.1,24,22,876/- and 6 bills of entry of the dates were produced against the consignment.

    b) The Customs department received intelligence information that this consignment did not originate in Iran but loaded from Karachi Port by one agency namely Maersk Pakistan Line and the Petitioner showed the custom authorities the following Bills of Entry in its ledger book to dispel the suspicion of the Customs Department-

    Bill of E



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