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Customs - Highlights / Catch Notes

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Seeking provisional release of the seized goods - to whom - A ...


High Court Clarifies: Only Owners Can Get Provisional Release of Seized Goods Under Customs Act Section 110A.

September 10, 2022

Case Laws     Customs     HC

Seeking provisional release of the seized goods - to whom - A reading of Section 110 A makes it abundantly clear that goods seized may be released to the owner. The said section does not include or envisage release of goods provisionally in favour of an importer of goods much less does it envisage, a release in favour of ‘any person’, in addition to the owner as mentioned in Section 124 of the Act, who has been served a notice under the said section - the Tribunal has in fact committed an error in importing the definition of an ‘importer’ as defined under Section 2(26) of the Act and reading the same in Section 110A of the Act.- HC

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