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2022 (6) TMI 325 - HC - CustomsAttachment of Bank accounts - Validity of seizure memo - Misdeclaration of export consignments - Carpets - seeking release / de-freeze of the bank accounts of the Petitioner - contention of the respondents is that since the silk content is much less than what was declared, it is a case of misdeclaration of both the composition and the value of the goods, which have been exported in the past and the subject goods - section 110 of the Customs Act - HELD THAT:- Learned Counsel of Respondents, today, informed that the account pertaining to the petitioner bears the following number i.e., 0055010950000015, which, as noted in the extract above, is maintained with the Jammu and Kashmir Bank Ltd., Connaught Place Branch, having a credit balance of Rs.1,04,888.04/-, as of 10.05.2022 - the other contention of Mr Ojha is that the petitioner would use the account maintained by him with the Jammu & Kashmir bank, for receipt of remittances and for availing duty drawback and other benefits on account of the export consignment, which is the subject matter of present writ petition, and, perhaps, the past exports as well. At this juncture, this can only be a possibility since there is hardly any money in the petitioner’s bank account. Besides this, the investigation is still on. As and when the respondents are in a position to take next steps in the matter, they cannot be prevented from doing so except that they would have to adhere to what the law mandates. But that necessarily does not mean that, at this stage, the hold should continue, especially having regard to the amount which is lying in the petitioner’s bank account maintained with the Jammu and Kashmir Bank - It is also made clear that if any further steps are taken by the respondents, albeit insofar as the past exports and/or the subject consignment is concerned, the petitioner will be at liberty to take recourse to an appropriate remedy to challenge any such actions. Petition disposed off.
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