2007 (10) TMI 25 - SC - Customs

Confiscation - Undervaluation Writ petition HC uphold that confiscation was wrong HC order is premature in the absence of any proper enquiry by Customs So customs authorities are allowed to sale the seized goods and invest the proceeds in nationalized bank until adjudication is completed

Summary

Issues:
1. Import of goods in contravention of Customs Transit Declaration.
2. Application for release of goods for re-export.
3. Validity of show cause notice under Customs Act, 1962.
4. Premature findings by the Single Judge and Division Bench.
5. Remittal of the matter to Customs authorities for proper adjudication.
6. Sale of seized goods to avoid demurrage costs and deterioration.

Analysis:
1. The case involved the import of goods in contravention of the Customs Transit Declaration, where the respondent received Letters of Credit for a specific amount but attempted to import goods exceeding that value. The Customs authorities seized the goods upon discovery of the discrepancy, leading to a writ petition for release and re-export of the goods to Dubai.
2. An application was made for the release of the seized goods for re-export, citing the Indo-Nepal Transit Treaty as the basis for the import. The Union of India introduced a show cause notice under Section 124 of the Customs Act, 1962, which was challenged in the writ petition along with the validity of the notice.
3. The Single Judge of the Calcutta High Court, without a proper enquiry, concluded that the goods were covered by the Treaty and not for consumption in India. The Division Bench upheld this decision without considering the lack of investigation by the Customs authorities, leading to premature findings.
4. The Supreme Court found the judgments premature due to the absence of a thorough enquiry by the Customs authorities. The matter was remitted back to the authorities for adjudication based on the show cause notice issued, allowing the respondents an opportunity to respond.
5. To address the issue of seized goods incurring demurrage costs and potential deterioration, the Court permitted the Customs authorities to sell the goods in the presence of relevant parties, with the sale proceeds to be kept in a security deposit pending the conclusion of adjudication proceedings.
6. The Court emphasized the timely completion of adjudication proceedings and allowed parties to seek an extension if necessary, cautioning against undue delays. The appeal was allowed with no costs, ensuring a fair and comprehensive adjudication process by the Customs authorities.