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Customs - Highlights / Catch Notes

Home Highlights February 2025 Year 2025 This

HC held that seizure under Customs Act s.110(1) requires proper ...


Customs Officer Must Record Detailed Written Grounds for Seizure Under Section 110(1), Not Just Cite Legal Provisions

February 28, 2025

Case Laws     Customs     HC

HC held that seizure under Customs Act s.110(1) requires proper officer to record specific written reasons demonstrating belief that goods are liable for confiscation. Mere citation of statutory provisions without explaining their applicability is insufficient. While the seizure memo was quashed for lacking detailed grounds, the show cause notice was sustained. The court emphasized that goods must be returned if notice under s.124(a) is not issued within 6 months of seizure, subject to valid extensions. Though provisional release occurred after 6 months with two 3-month extensions, investigation can proceed under Customs Act despite invalidation of seizure. The ruling balances procedural safeguards with enforcement powers.

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