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2024 (11) TMI 273 - HC - CustomsSeizure Order of Gold Jewellery - Two Gold Chains and Six Gold Bangles, weighing 508.100 grams seized - seeking relase of goods seized - HELD THAT - The provisional release of goods, documents and things seized, pending order of adjudication, may be released to the owner by the adjudicating authority, subject to taking a bond from him in proper form with such security and conditions. It thus appears that the provisional release of the goods and attachment thereof is a discretion vested with the adjudicating authority and, therefore, it is only appropriate that the authority, which is vested with the discretion under the statute, exercise the same. Power of judicial review under Article 226 of the Constitution of India though very wide, nevertheless, this Court would neither exercise the discretion vested with the statutory authority nor direct the manner in which the authority must exercise the discretion. The petitioner may file an application u/s 110A of the Customs Act,1962, if it is not actually filed by now. If it is already filed, the same shall be considered by the appropriate authority, taking into account the submissions that may be made and also the judgments that may be relied upon by the petitioner and, thereafter, the authority shall pass orders in accordance with law, after hearing the petitioner, within a period of two weeks.
The petitioner filed a Writ Petition challenging a Seizure Order for Gold Jewellery. The court directed the petitioner to file an application under Section 110A of the Customs Act for release of the goods, to be considered by the appropriate authority within two weeks. The Writ Petition was disposed of with no costs.
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