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2008 (8) TMI 358 - HC - CustomsConfiscation - Dues - Appeal - Locus standi - Held that:- From the meaning of tie word "confiscate/confiscation", we find that if any property has been confiscated it vests in the State and no person can claim any right, title or interest over it, thus the question of first charge or the second charge over the properties would not arise. The debt does not get extinguished but it cannot be recovered from the confiscated property. That being the position, we do not find any merit in the writ petition. So far as the challenge to the order of confiscation is concerned, we may mention here that the petitioner has no locus standi to challenge the order of confiscation as the respondent no. 4 has already preferred an appeal against it. However, if in appeal preferred by respondent no. 4, the order of confiscation is set aside then the Bank can proceed against the properties in question in accordance with law.
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