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Customs - Highlights / Catch Notes

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Power to seizure vehicle - apprehension of misuse in future - If ...


Discretionary Vehicle Seizure for Potential Smuggling Raises Concerns Over Unregulated Authority and Arbitrary Enforcement.

July 28, 2023

Case Laws     Customs     HC

Power to seizure vehicle - apprehension of misuse in future - If a possible future use of a vehicle as a means of transport for smuggling goods confers a power of confiscation of such a vehicle, that power will be unbridled, absolute and unregulated. The discretion to seize or not to seize a vehicle for apprehended future use as a means of transport of smuggled goods will confer an unregulated discretion devoid of any clarity for its exercise - HC

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