9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (3) TMI 113 - HC - CustomsSeizure - the prima facie belief - seizure has been effected on the prima facie belief that the imports have been made by a fake IEC holder. Therefore, the argument of the petitioner that the seizure has been effected without there being any reason to believe that the goods are liable to be confiscated, cannot be accepted - writ petition dismissed with the direction to customs authorities to complete the investigation and pass appropriate orders on the seized goods, which are the subject matter of the present petition as expeditiously as possible.
Issues:
Seizure of goods by customs authorities based on suspicion of fake importer/IEC holder without valid reason. Analysis: The petitioner contested the seizure of goods under bill of entry No. 668842 dated 4-11-2008, alleging it to be illegal and against the law. The petitioner argued that the customs authorities seized the goods on the premise that they were imported by a fake importer/IEC holder, without sufficient grounds for believing the goods were liable for confiscation. Additionally, the petitioner claimed that the customs authorities overstepped their jurisdiction by questioning the validity of the Importer-Exporter Code (IEC) number issued by the Directorate General of Foreign Trade (DGFT). Upon review, the court found no merit in the petitioner's contentions. The court observed that the seizure was based on a prima facie belief that the imports were made by a fake IEC holder, thus rejecting the petitioner's argument that there was no valid reason to suspect confiscation of the goods. Furthermore, the court clarified that the customs authorities were investigating whether the petitioner was the genuine importer or a front for another entity, rather than assessing the validity of the IEC Code issued by the DGFT. Consequently, the court dismissed the petition, upholding the legality of the seizure. However, the court directed the customs authorities to expedite the investigation and issue appropriate orders regarding the seized goods promptly. This directive aimed to ensure a swift resolution of the matter at hand, emphasizing the importance of completing the investigative process efficiently.
|
