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Issues: Whether the notice proposing confiscation was barred by limitation under Section 110(2) of the Customs Act, 1962, when the goods had earlier been seized by the police and were later seized by the customs authorities.
Analysis: The period prescribed for issuing notice under Section 124(a) of the Customs Act, 1962 is linked to the seizure contemplated by Section 110(1) of that Act. A police seizure, made dehors the Customs Act, does not start the limitation period under Section 110(2). On the facts, the customs seizure order was first made on 22 February 1977 and the show-cause notice was issued on 3 August 1977, which was within six months of the customs seizure.
Conclusion: The notice was within limitation and the objection based on delay failed.