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Provisional release of seized imported goods - determination of ...


Redemption Fines for Seized Goods: Balancing Pre-Adjudication Estimates and State Accruals with Proportional Value Approach.

June 22, 2022

Case Laws     Customs     AT

Provisional release of seized imported goods - determination of redemption fine - Over the years, the quantification of fine has been placed within the practical framework of offsetting the potential for windfall deriving from the breach for which the goods are confiscated. Rarely would it be the value of goods; some proportion thereof suffices - It is moot if a tentative estimation prior to adjudication can hold a candle to the assured accrual to the State after adjudication, subject, of course, to appellate determination - the extent of mandatory pre-deposit should, in most cases, be the benchmark for quantification of reasonable security. At least, as far as the impugned goods are concerned. - AT

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