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Judgment
The learned Counsel for the petitioner places reliance on a Division Bench''s decision of this Court in Purushottam Jajodia v. Directorate of Revenue Intelligence, New Delhi, 2014 (307) E.L.T. 837 (Del.). However, the learned Counsel for respondents points out that the operation of the said judgment has been stayed by the Supreme Court by virtue of an order dated 11-9-2014 in SLP (C) No. 24478/2014 and the stay order is continuing. Although, subsequently, the Supreme Court by an order dated 11-5-2015 [2016 (342) E.L.T. A225 (S.C.)] directed that the goods shall be released within a week. The learned Counsel for the petitioner submitted that although the Supreme Court stayed the operation of the said judgment, yet it granted release of the goods and, therefore, the same order should be passed by this Court. We are afraid that we cannot accept this argument inasmuch as the Supreme Court has stayed the operation of the said judgment on which the petitioner places reliance. The powers of the High Court are not equivalent to those of the Supreme Court and it is also not clear as to under which circumstances the goods were directed to be released in that case.
Renotify on 22-2-2016.