TMI Blog2022 (10) TMI 1234X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in section 128 of the Act, even beyond the period of 30 days, upto which the delay can be condoned - notice issued requiring him to produce evidence regarding filing of appeal and the order, failure to produce such evidence would result in the gold being sold in auction u/s 150 of the Customs Act, 1962 - HELD THAT:- The incident had occurred on 3/6/2014 and the confiscation order was issued on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Cochin International Airport. On search, two gold chains were seized from the petitioner's possession. This resulted in proceedings being initiated against the petitioner under Section 111(d),(i), (l) (m) of the Customs Act 1962 read with Section 3(3) of the Foreign Trade (D R) Act 1992. 2. By order dated 7/3/2014 the gold recovered from the petitioner's possession was confiscated. Petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sufficient opportunity to the petitioner to put forth his case. Even though Section 128 of the Customs Act provides 60 days for filing appeal and a further period of 30 days for filing appeal with delay, that does not fetter the powers of this Court under Article 226. It is submitted that the petitioner hails from a poor family and financial constraints had disabled him from approaching this cour ..... X X X X Extracts X X X X X X X X Extracts X X X X
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