Right of the Purchaser of confiscated vessel in an action - ...
Court Orders Transfer of Confiscated Vessel, MSV Safina Al-Miraz, After Issuance of No Due Certificate; Nullifies Encumbrances.
March 28, 2024
Case Laws Customs HC
Right of the Purchaser of confiscated vessel in an action - Direction to issue No Due Certificate (NDC) in relation to subject vessel MSV Safina Al-Miraz to the Petitioner and permit the Petitioner to shift the Vessel from Salaya Port to Okha Port forthwith - The High Court referred to Sections 115 and 126 of the Customs Act, stating that upon confiscation, the confiscated goods vested in the Central Government. Consequently, any encumbrances, including the mortgage by the GMB, would cease to exist. - Given the legal framework and absence of outstanding dues, the Court directed the GMB to issue the NDC to the petitioner, enabling them to shift the vessel. The rule was made absolute in this regard, with no orders as to costs.
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