Home Case Index All Cases Customs Customs + HC Customs - 2019 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (5) TMI 1475 - DELHI HIGH COURTTime limitation - Release of seized goods - studded gold jewellery - SCN was not served on each of the Petitioners within the mandatory period under Section 124 of the Customs Act, 1962 - HELD THAT:- The Court is not at this point examining the allegations made in each of the petitions since the short question that arises is whether within a period of 6 months from the date of the seizure of the gold/jewellery, SCNs, as required by law, were served on each of the Petitioners. In each of the petitions the positive case of the Petitioners is that no such SCN was served on either of them within the mandatory period. This Court on 26th April 2019 directed that ‘the original file related to issuance of show cause notice and connected documents shall be placed before the Court on the next date of hearing.’ Shri Harpreet Singh, learned Senior Standing Counsel informs the Court that the original file pertaining to both the matters is available with him. The original file does not contain the original of either of the acknowledgements which have been enclosed with the counter-affidavit of the Respondents. Since there is a failure as on date to produce any convincing proof of the Petitioners having been served with the SCN, within the time stipulated the Court directs the release to Shri Ram Chandra of the 2 gold bars of 2000 grams seized from him (as per the appraisement report which is at Annexure ‘A’ and part of the relied upon documents No.3 mentioned in the SCN dated 19th June 2018). Petition disposed off. List on 30th October 2019.
|