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TMI Blog2025 (4) TMI 711X X X X Extracts X X X X X X X X Extracts X X X X ..... t P-2) issued under Section 110 (5) of the Customs Act, 1962 and release the provisional attachment of the bank accounts of the Petitioners. Exhibit P-1 is a letter dated 11th January 2024 written to the Branch Manager, Kotak Mahindra Bank, Jaipur and Exhibit P-2 is a letter of the very same date written to the Branch Manager, ICICI Bank, Jaipur. The Petitioners have bank accounts in Kotak Mahindra Bank and ICICI Bank. Petitioner No. 1 is a Partnership Firm and Petitioner No.2 is a Partner of Petitioner No. 1. 3. The short point canvassed before us on which the aforesaid letters are challenged is that under Section 110 (5) of the Customs Act, 1962 a provisional attachment of the bank account can be done only by an order in writing, that to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on taking of a bond from the concerned person in the Form with such security and conditions as the Adjudicating Authority may require. In other words, it was submitted by Mr. Mishra that if this Court is inclined to release the provisional attachment, the Petitioner be put to certain terms and conditions especially, in relation to executing a bond and on them furnishing a security. 5. We have heard the learned counsel for the parties and we have also perused the papers and proceedings in the above Writ Petition. By a letter dated 11th January 2024 (Exhibit P-1) the Customs Authorities have informed Kotak Mahindra Bank that in order to protect the interest of the Revenue and in exercise of the powers conferred under Section 110 (5) of the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceedings under the Act, is of the opinion that for the purposes of protecting the interest of revenue or preventing smuggling, it is necessary so to do, he may, with the approval of the Principal Commissioner of Customs or Commissioner of Customs, by order in writing, provisionally attach any bank account for a period not exceeding six months: Provided that the Principal Commissioner of Customs or Commissioner of Customs may, for reasons to be recorded in writing, extend such period to a further period not exceeding six months and inform such extension of time to the person whose bank account is provisionally attached, before the expiry of the period so specified." 7. From this provision, it is apparent that the provisional attachm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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