2010 (8) TMI 295 - HC - Customs

Seizure - non issuance of notice within six months - The petitioners were transporting contraband goods and that goods were returned within a period of six months on furnishing of requisite Bank Guarantee - Since in the present case, goods were returned within first six months, we do not find that any illegality has been committed by the custom authorities or there is any violation of the aforesaid provisions - department may issue notice even after six months Penalty - This Court would not speculate that in the facts and circumstances of the case, what is the penalty and how much penalty should be imposed - Accordingly the petition is dismissed

Summary

Issues: Alleged inaction by custom authorities, extension of time for Bank Guarantees, penalty imposition, delay in issuing show cause notice under Section 124, undue delay in adjudication proceedings.

Alleged Inaction by Custom Authorities:
The petitioners argued that despite the expiration of the six-month period under Section 110(2) of the Customs Act, the adjudicating process was ongoing without the issuance of a notice under Section 124. They contended that the matter should not be kept pending indefinitely, even if the seized goods were liable for confiscation. The respondents, on the other hand, claimed that the goods were returned within six months upon furnishing a Bank Guarantee, thus negating the need for a further extension. The Court noted that the Act required the return of goods if no notice was issued within six months of seizure, and since the goods were returned within the initial period, no illegality was found.

Extension of Time for Bank Guarantees and Penalty Imposition:
The respondents argued that the penalty could be up to five times the value of the goods under Section 117-AA of the Act, especially in cases involving false declarations. The Court emphasized that the imposition of penalties fell within the discretion of customs authorities, and no order for reducing the Bank Guarantees was warranted. The provisions of Section 110(2) were deemed clear, allowing for an extension of six months by the Commissioner of Customs on sufficient cause being shown.

Delay in Issuing Show Cause Notice under Section 124:
The petitioners raised concerns about the non-issuance of a notice under Section 124(a) even after ten months from the seizure date, impacting their business interests. The respondents assured that adjudication proceedings were ongoing, requiring time for evidence collection from various sources. The Court declined to grant the requested reliefs, noting that the right of customs authorities to pass confiscation orders within ten months had not lapsed. The respondents assured that the notice would be issued within a month to expedite the proceedings.

Undue Delay in Adjudication Proceedings:
While the petition was dismissed, the Court directed the issuance of the notice within a month and urged the expeditious conclusion of proceedings with the petitioner's cooperation. It was emphasized that there should be no undue delay on the part of customs authorities in conducting the proceedings in accordance with the law. The Court observed that the department's assurance of prompt action was satisfactory, thus dismissing the petition with the mentioned observations.