Interim release of seized vehicle upheld where customs authority directed resort to criminal court for provisional relief.

Interim release of a vehicle seized in alleged gold smuggling was held maintainable despite the Customs Act framework, because the customs authority had itself directed the owner to seek relief before the criminal court under Chapter XXXIV of the Code of Criminal Procedure, 1973. The challenge that an application under Section 451 CrPC was not maintainable therefore failed. In these circumstances, the Magistrate's order granting interim release did not suffer from illegality and was upheld.

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Issues: Whether the criminal court could order interim release of a vehicle seized in connection with alleged smuggling proceedings under the Customs Act, and whether the Magistrate's order directing release was liable to be quashed.

Analysis: The vehicle was stated to have been used in the alleged smuggling of gold and was seized by customs authorities. The challenge rested on the contention that confiscation and provisional release of goods seized under the Customs Act fall within the statutory scheme of that Act, and that an application under Section 451 of the Code of Criminal Procedure, 1973 was not maintainable. The record also showed that the customs authority itself had advised the owner to approach the criminal court under Chapter XXXIV of the Code of Criminal Procedure, 1973, and the writ remedy was withdrawn on that basis. In that background, the Magistrate's order granting interim release did not suffer from illegality.

Conclusion: The order granting interim release of the vehicle was upheld and no interference was called for.

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