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2017 (4) TMI 367 - HC - CustomsSeizure of vehicle with ginger - seized ‘Ginger’, being perishable item, has already been auctioned and the sale proceeds have been deposited in the appropriate account - provisional release of detained vehicle - Held that: - there is no legal impediment in provisionally releasing a vehicle involved in the commission of an offence, pending adjudication of a confiscation proceeding, provided that the authorized officer or the Court, as the case may be, is reasonably assured that the vehicle shall be produced by the custodian as and when ordered or required if such situation arise - there is no bar for the vehicle to be released in interim custody of the petitioner if confiscation proceeding is pending. The power, however, to release the vehicle, in question, provisionally, can be exercised only by the Customs Officer - petition allowed - decided in favor of petitioner.
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