2019 (8) TMI 664 - HC - Customs

Release of seized goods - Gold - power of respondent to make seizure - Section 110 of the Customs Act, 1962 - In the meantime SCN was issued - HELD THAT - Writ petitioner shall make an application to the 1 st respondent under Section 110 A of the Customs Act 1962 seeking provisional release of the seized goods which forms subject matter of instant writ petition i.e., Gold weighing 2.810 kilograms, valued at ₹ 91,95,725/-. Aforesaid application to 1 st respondent shall be made by writ petitioner within a fortnight from the date of receipt of a copy of this order. Petition disposed off.

Summary

Issues:
1. Seizure of gold weighing 2.810 kilograms from the writ petitioner's business premises.
2. Petition seeking the return of the seized gold.
3. Powers of the respondents to make the seizure under Section 110 of the Customs Act, 1962.
4. Procedure for release of seized goods under Section 110 A of the Customs Act, 1962.
5. Application under Section 110 A to be made to the 1st respondent.
6. Show cause notice issued to the writ petitioner dated 07.06.2019.

Analysis:

1. The main issue in this case revolves around the seizure of gold weighing 2.810 kilograms from the writ petitioner's business premises on 12.12.2018, and the subsequent petition filed seeking the return of the seized gold.

2. The writ petitioner argued that the respondents did not have the powers to make such a seizure, while the Revenue counsel contended that Section 110 of the Customs Act, 1962, empowers the respondents to carry out the seizure.

3. Upon perusal of Section 110 of the said Act, it was established that the respondents indeed possess the authority to make such a seizure, thereby dismissing the petitioner's claim that the seizure was unauthorized.

4. The procedure for the release of the seized goods was then examined, which led to the discussion of Section 110 A of the Customs Act, 1962, which allows for provisional release of seized goods.

5. It was highlighted that an application under Section 110 A must be made to the 1st respondent, and a letter sent by the writ petitioner to the Senior Intelligence Officer of the Directorate of Revenue Intelligence (DRI) was not received by the respondent, emphasizing the importance of submitting such applications to the correct authority.

6. Additionally, it was noted that a show cause notice (SCN) dated 07.06.2019 was served on the writ petitioner, indicating further legal actions being taken in the matter.

7. The court, considering the narrow scope of the petition, issued specific directions for the writ petitioner to apply to the 1st respondent under Section 110 A for the provisional release of the seized goods within a fortnight, and for the 1st respondent to process the application expeditiously within 8 weeks.

8. The order also mandated the communication of the provisional release decision to the writ petitioner within 7 working days and clarified that the petitioner could respond to the SCN separately without hindrance from the current order.

9. Consequently, the writ petition was disposed of with the outlined directions, with no costs incurred, and the connected miscellaneous petitions were closed as well.