9911796707
TMI Blog2025 (4) TMI 77X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Article 226 of the Constitution of India inter alia seeking issuance of an appropriate writ for setting aside the seizure memo dated 14th February, 2024 vide which Rs. 42,00,000/- of the Petitioner was seized. Further, the Petitioner prays for release of the said amount. 3. The challenge in this petition is to the seizure of a sum of Rs. 42,00,000/- which has been effected by the Directorate of Revenue Intelligence ('DRI') under Section 110 read with Section 121 of the Customs Act, 1962 on the ground that the same was sale proceeds of smuggled goods. 4. The case of the Respondent is that the Petitioner upon importing certain goods from China, had undervalued the same. Based on the said allegation, a search was conducted at the Petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the reasons mentioned above, we are of the view that the Petitioner is also entitled to the second prayer made, namely, for the release of Indian currency of Rs. 23.90 lakhs as well as freedom from the requirement to keep a minimum balance amount of Rs. 4.89 lakhs in the bank accounts of the Petitioner." 7. The said judgment has also been upheld by the Supreme Court in its order dated 13th September, 2021 in Civil Appeal No. 2058/2009 titled, Commissioner of Customs, New Delhi & Anr. v. M/s Euroasia Global. 8. On 20th March, 2025 ld. Counsel for the Petitioner also submitted that Rs. 42,00,000/- of the Petitioner is lying with the Respondent, the same may be released as the Petitioner is going through cash crunch, subject to any conditio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ustoms Department. Therefore, let the show cause notice be issued in accordance with law in respect to the alleged under valuation of the Petitioner. The same be issued within the time frame prescribed under the said Act. The notice already issued to the Petitioner under Section 121 of the Customs Act, 1962 with respect to the amount seized, shall also be taken up along with the said notice for adjudication and a comprehensive order shall be passed by the Department. 13. Under these circumstances, considering the amount seized from the Petitioner is alleged to be the customs duty evaded by the Petitioner, this Court is of the opinion that bearing in mind the amount of pre-deposit which is usually charged in terms of Section 129E of the Cus ..... X X X X Extracts X X X X X X X X Extracts X X X X
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