2009 (7) TMI 889 - HC - Customs

Provisional release Car imorted - vehicular details are tampered respondents contended that importer has nothing to do with the car and the duty payment has been made through illegal/Hawala channels, which require further investigation, importer has stated falsehood in his statement given under Section 108 of Customs Act, 1962 and has mislead the investigations Held that - When this Court indicated that if the petitioner is willing to provide bank guarantee for interim release of the vehicle, respondents were not justified in taking such an adamant stand. respondents directed to pay to the petitioner costs of this writ petition. Accordingly, the respondents shall pay an amount of Rs. 2000/- as costs to the petitioner, writ petition is disposed of with the above direction.

Summary

Issues:
1. Confiscation of a foreign car under Transfer of Residence Rules.
2. Seizure and detention of the vehicle by the respondents.
3. Legality of the proceedings and justification for the actions taken.
4. Refusal to release the vehicle provisionally despite a court order.

Confiscation of the Car:
The petitioner imported a foreign car under the Transfer of Residence Rules, but faced confiscation proceedings due to not meeting the possession requirement. The adjudication resulted in confiscation, fines, and penalties exceeding Rs. 15 lakhs. The petitioner paid and released the vehicle after additional charges. The petitioner sought compensation for illegal seizure and detention.

Seizure and Detention:
The respondents seized the vehicle on suspicion of a possible Hawala transaction and tampering with the vehicle details. Investigations revealed discrepancies leading to the detention. The respondents justified their actions as bona fide and in good faith, citing Section 155 of the Customs Act, 1962.

Legality of Proceedings:
The court considered the legality of actions post-seizure in good faith. The respondents' explanation regarding the investigation and reasons for seizure were deemed satisfactory. The court held that the actions were justifiable and in good faith under the Customs Act.

Refusal to Release Provisionally:
Despite a court order to release the vehicle on a bank guarantee, the respondents refused, citing ongoing investigations and the petitioner's lack of cooperation. The court found the respondents unjustified in their adamant stance and ordered them to pay Rs. 2000 as costs to the petitioner for the writ petition.

In conclusion, the court upheld the legality of the actions post-seizure, deeming them justified and in good faith. However, it criticized the respondents for refusing to release the vehicle provisionally despite a court order, directing them to pay costs to the petitioner.