Customs confiscation is not a criminal punishment; High Court can strike down an unauthorized confiscation order under inherent powers.

Confiscation of seized goods is not a punishment under Section 135 of the Customs Act, 1962, which authorises only imprisonment, fine, or both. Confiscation is separately governed by Section 111 and must be ordered through the proper customs mechanism by the competent authority. Where customs authorities had already proceeded under the Act, the criminal court lacked jurisdiction to direct a fresh confiscation in favour of the Punjab State. The High Court could invoke its inherent powers under Section 482 of the Criminal Procedure Code to delete that patent illegality, while leaving the conviction and remaining sentence undisturbed.

---

---

Issues: Whether the criminal court could order confiscation of seized goods to the Punjab State in addition to the punishment prescribed under Section 135(1)(b)(ii) of the Customs Act, 1962; and whether the High Court could interfere under Section 482 of the Code of Criminal Procedure, 1973 to correct that illegality.

Analysis: Section 135 of the Customs Act, 1962 prescribes only imprisonment, fine, or both for the offence. Confiscation of goods is separately contemplated under Section 111 of the Customs Act, 1962 and is to be ordered by the competent customs ies. Where the customs authorities had already proceeded under the Act and confiscated the goods, the trial court had no jurisdiction to direct a fresh confiscation in favour of a non-party State. The High Court could exercise its inherent jurisdiction to rectify a patent illegality committed by a subordinate court.

Conclusion: The confiscation order in favour of the Punjab State was without jurisdiction and was liable to be deleted.

Final Conclusion: The petition succeeded to the extent of striking down the unauthorized confiscation direction, while the conviction and remaining sentence were left undisturbed.

Ratio Decidendi: Confiscation of goods is not a punishment under Section 135 of the Customs Act, 1962, and a criminal court cannot order such confiscation except where the Act specifically authorises it through the proper customs mechanism; the High Court may correct such patent illegality in exercise of inherent powers.

---