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SUBRAMONIUM PRASAD
Amit Kumar Gupta – Appellant
Versus
Principal Commissioner Of Custo(import) – Respondent
JUDGMENT
Subramonium Prasad, J. - The present petition under Section 482 of the Code of Criminal Procedure is for setting aside the order dated 16.02.2020 passed the Ld. Chief Metropolitan Magistrate which directed the disposal of the goods imported by the petitioner which are perishable in nature and kept in the custody of the respondent in accordance with the Disposal Manual 2019. The Petitioner herein is a businessman and is the sole proprietor of M/s Jai Dev Traders, 384, Kirana Mandi, Ram Nagar, Ghaziabad-201001.
2. The facts, in brief, leading to the filing of the instant petition are as under:
a) The Petitioner in the course of his business during October-December 2016 had imported Dry Dates from Dubai originating from Iran, about 8 containers thereof valued at Rs.1,24,22,876/- and 6 bills of entry of the dates were produced against the consignment.
b) The Customs department received intelligence information that this consignment did not originate in Iran but loaded from Karachi Port by one agency namely Maersk Pakistan Line and the Petitioner showed the custom authorities the following Bills of Entry in its ledger book to dispel the suspicion of the Customs Department-
Bill of E
The Customs Act is a special legislation with its own comprehensive framework and procedures, and the provisions of the Cr.P.C would be inapplicable.
Statutory powers must be exercised lawfully and in compliance with due process; failure to do so regarding the release of goods can lead to unlawful detention, necessitating redress.
The prosecution must prove goods are smuggled for conviction; mere possession does not equate to illegal activity. Courts maintain authority to adjudicate matters post-Customs confiscation.
(1) Personal interests of importers who made improper imports are pitted against interests of national economy and more particularly, interests of farmers. Imposition of penalty on such importers is ....
The disposal of seized property without notice and due process violates constitutional rights, rendering such actions illegal and unconstitutional.
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.
Mere possession may not require ownership for interim release of property under Cr.P.C.; lawful possession is essential, especially when the property is not liable for post-trial confiscation.
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