Supreme Court grants relief in Customs case, directs live consignment examination. No arrest permitted. The Supreme Court granted interim relief to petitioners in a case involving goods retained by Customs authorities. The Court directed the examination of ...
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Supreme Court grants relief in Customs case, directs live consignment examination. No arrest permitted.
The Supreme Court granted interim relief to petitioners in a case involving goods retained by Customs authorities. The Court directed the examination of live consignments and recording of statements under the Customs Act, 1962, within specified timelines. Petitioners were permitted to handle their consignment. Additionally, the Court prohibited the arrest of petitioners until further orders. Specific timelines were set for procedures, with video-graphing of statements and examinations for transparency. The case was listed for final disposal in eight weeks, allowing time for respondents to file necessary affidavits.
Issues involved: Interim relief for retained goods by Customs authorities, examination of live consignments, recording of statements u/s 108 of Customs Act, 1962, handling of seized goods, prohibition on arrest, timeline for completion of procedures, listing for final disposal.
Interim Relief for Retained Goods: The Supreme Court, in response to a Writ Petition, directed an interim arrangement for goods retained by Customs authorities, noting that a case had already commenced against the petitioners. The examination of live consignments under seizure and recording of statements of all petitioners u/s 108 of the Customs Act, 1962, were ordered to be conducted by the Customs Department. The recording of statements and examination of goods were to be completed within specified timelines, with the petitioners allowed to engage their own labor for handling the consignment.
Prohibition on Arrest: The Court further directed that the petitioners shall not be arrested in connection with the case until further orders. This prohibition on arrest was extended as part of the interim relief granted to the petitioners pending final disposal of the Writ Petition.
Timeline and Procedures: Specific timelines were set for the completion of procedures, with the examination of live consignments and recording of statements to be conducted within designated time frames. The Department assured that the recording of statements and examination of goods would be video-graphed for transparency and accuracy.
Listing for Final Disposal: Both Writ Petitions were scheduled for final disposal after eight weeks, allowing the respondents to file their counter affidavits within six weeks and any rejoinder affidavit within two weeks thereafter. This timeline was established to ensure a timely resolution of the legal matters at hand.
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