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2019 (5) TMI 674 - HC - CustomsQuashing of proceedings u/s 135 of Custom Act, 1962 - Smuggling - Gold Bars - seizure - applicant claims the ownership of the recovered gold bars and has moved release application - HELD THAT:- In absence of any valid paper at the time of seizure of the gold bars it becomes smuggled commodity and proved as such under the law. Since the issues involved are contentious and legal it has been brought to the notice of the court and after recording the statement u/s 108 of the Custom Act, notices were sent to the applicant thrice, which the applicant fails to respond to and he failed to raise any plea before the authority concerned. Now the applicant is given reasonable opportunity to appear before the authority/ court concerned to set up his defence to the best of his ability, for which six weeks time is given to the applicant to move proper application in response to the notice and to put in his physical presence before the authority concerned - in case applicant moves an application within the time prescribed before the authority/court concerned, he or it as the case may be shall, after affording opportunity of hearing to both the parties, pass appropriate order without incurring any further delay. Application disposed off.
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