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MADHURESH PRASAD
MD SAJID @ SAILLU Son of Late Md Umar – Appellant
Versus
Union of India, through the Chief Commissioner of Customs (Preventive) – Respondent
JUDGMENT :
In these two cases, the petitioners have assailed seizure of black peeper and the three trucks bearing Registrations No UK 06 CA7293, UP 22 AT 3829 and UP 21 CN1300, on which the black peeper, alleged to be of third country origin, were being transported. Since seizure of the black peeper and the three trucks are constituting one transaction and the petitioners in both the cases are represented by a common counsel, the parties have agreed that the two matters may be considered together. In view thereof, the matters have been heard with a view to final disposal of both the cases. Seizure of the trucks in question is for the reason that the customs authorities found the trucks to be carrying black peeper of third country origin in contravention of the Customs Act. Legitimacy of seizure of the trucks in question is, directly related to legitimacy and the seizure/confiscation of the black peeper in question. The fate of the three trucks, therefore, is directly dependent upon the decision of this Court as regards the legitimacy of the seizure of the black peeper in question. The trucks in question can only be released if this Court arrives at a conclusion that seizure of the b
The court emphasized that interference at the stage of issuance of show cause notice should be rare and not in a routine manner, and the availability of alternative remedy should be considered before....
A writ petition challenging seizure under the Customs Act may be considered non-maintainable if a related and previously adjudicated matter on jurisdictional grounds remains unresolved.
Order of Detention and seizure quashed - Absence of any proper opportunity to petitioner also, the civil liabilities of petitioner company demanding the huge amount of custom duty would be impermissi....
The Customs Act, 1962 provides specific provisions for release of seized goods, and the jurisdiction of the Magistrate under Section 451/457 Cr.P.C. is not applicable in such cases.
The court emphasized the importance of jurisdiction and the applicability of specific provisions under the Customs Act, particularly Section 110-A, for the release of seized goods, overriding the gen....
Confiscation of vehicle under the NDPS Act requires adherence to procedural fairness, including providing notice and opportunity for hearing to claimants, regardless of their conviction status.
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