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2023 (8) TMI 269 - HC - CustomsRejection of request of the petitioner to return the car bearing No.TN 04-AV-1374 and cash Rs. 1,24.000/- dated 26.11.2022 seized from the petitioner and two others - car used for smuggling or not - petitioner submits that the petitioner is willing to execute any bond or any other securities that may be required to release the car. HELD THAT - The Court is inclined to give partial relief to the petitioner by ordering release of the petitioner's car viz., Maruti Suzuki Vitara Brezza bearing Registration No.TN 04-AV-1374 to the petitioner, subject to the conditions imposed - petitioner shall furnish a bank guarantee for a sum of Rs. 1,00,000/- as security to the second respondent and renewed from time to time - further security in the form of bond in favour of the second respondent shall be executed undertaking to pay fine and penalty that may be imposed on the petitioner after adjudication of the proceedings under the the Customs Act, 1962. Petition disposed off.
Issues involved:
The petition to quash the order rejecting the request to return a seized car and cash. Details of the judgment: The petitioner argued that they were not served with Mahazar when the car and cash were seized, and they are willing to cooperate for further proceedings. The petitioner also highlighted that retaining the car serves no useful purpose as it may rust and depreciate if not used. The petitioner expressed readiness to provide any required bond or securities for the release of the car. The Senior Panel Counsel for the second and third respondents contended that the writ petition is premature as the investigation is ongoing. It was stated that the car was allegedly used for smuggling gold, and the petitioner was involved in facilitating the offense, justifying the seizure and potential confiscation under the Customs Act, 1962. After considering arguments from both sides, the Court decided to grant partial relief to the petitioner. The Court ordered the release of the petitioner's car, subject to certain conditions. These conditions include furnishing a bank guarantee, executing a bond for potential fines and penalties, providing an undertaking not to sell or encumber the car without informing the authorities, registering a charge with the Regional Transport Office, and maintaining the car in good condition with renewed insurance. Upon compliance with the specified conditions, the car will be provisionally released within three days. The fate of the seized cash will be determined after the adjudication of the proceedings. The writ petition was disposed of with the mentioned conditions, and the connected miscellaneous petition was closed without any costs being imposed.
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