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TMI Blog2009 (3) TMI 199X X X X Extracts X X X X X X X X Extracts X X X X ..... which, if proved, were liable to be confiscated under Section 111 or Section 113 - Held that:- prima facie that before adjudication, in exercise of writ jurisdiction on the facts of this case, the High Court ought not to have granted unconditional release of the cash. In fact, we called upon the learned counsel for the respondent to give a bank guarantee. The respondent is not in a position to gi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to issue lesser value invoices in the name of the company owned and controlled by Shri Sangit Aggarwal. The differential amount on which customs duty stood evaded was allegedly remitted to M/s. Yantai, China through hawala operators in Dubai. Consequently, offices of Shri Sangit Aggarwal, who was the proprietor of respondent firm, were searched at Delhi, Haridwar, Lucknow, Mumbai, Kolkata and Ahme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e imported goods under the Bill of Entry dated 22-12-2006 which goods were cleared on payment of duty after assessment and therefore Section 121 of the Customs Act (which deals with confiscation of sale-proceeds of smuggled goods) was not applicable. Issue : 4. The main point which arises for determination in this civil appeal is : whether misdeclaration of description and value in the facts a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that they are liable to confiscation. The word "goods" is defined under Section 2(22) to include currency. Under Section 122, adjudication in respect of confiscation is provided for. Section 124 provides for show cause notice before confiscation. Under Section 110A provisional release of goods seized, pending adjudication, is provided for. However, looking into the facts of the present case, we ar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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