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of <h1>Court upholds show-cause notice under Customs Notification June 30, 2017, in gold smuggling investigation case</h1> HC declined to interfere with the show-cause notice issued to the Petitioner regarding alleged gold smuggling under the Customs Notification dated 30 June ... Smuggling of Gold - no reason to suspect or even prima facie conclude that the Petitioner was attempting to or intending to smuggle this gold into India - applicability of Customs Notification dated 30 June 2017 - HELD THAT:- It is not willing to broaden the scope of this petition by granting any permission to challenge the show-cause notice issued. However, even if such permission were granted, there would be no question of interfering with the show-cause notice, which is mainly based on factual allegations that require adjudication. The customs authorities raised some suspicion based on the Petitioner’s conduct. The affidavit refers to the earlier three instances and the fact that the Petitioner was carrying a commercial quantity of gold, i.e. 3.696 kilograms. The Petitioner’s conduct of always coming to India with gold and seeking leave to reexport some, coupled with the fact that the quantity of gold was also not small, raised such suspicion. The customs authorities have also relied on the Notification of 30 June 2017. The precise scope of such Notification is a matter which can be investigated in the show-cause notice proceedings. However, based on the circumstances outlined in the affidavit-in-reply, it cannot be agreed that this was not a case where any suspicion could have been raised against the Petitioner, warranting further investigation. The gold was seized pending such investigations. The show cause notice will have to be adjudicated and disposed of on its own merits and after considering the cause shown by the Petitioner on merits. None of the observations in this judgment and order need to influence the decision on the show cause notice. The observations are only prima facie and in the context of deciding whether discretionary jurisdiction to be exercised in this matter and interdict any further proceedings. The observations are not a reflection of the merits or demerits of the rival contentions on behalf of the parties to these proceedings. Petition disposed off. ISSUES: Whether the seizure of gold bullion carried by an in-transit passenger was illegal and without jurisdiction.Whether an in-transit passenger declaring gold at the Red channel and seeking permission to re-export under Section 80 of the Customs Act, 1962, can be subjected to seizure and investigation.Whether issuance of a show-cause notice following seizure is maintainable if the seizure itself is challenged as illegal.Whether the Customs Notification dated 30 June 2017 applies to in-transit passengers seeking re-export permission.Whether the court should exercise discretionary jurisdiction to interfere with ongoing customs investigation and seizure.Whether the seized gold should be restrained from being sold pending adjudication of show-cause proceedings. RULINGS / HOLDINGS: The seizure of gold bullion was not illegal or without jurisdiction given the circumstances, including prior instances of declared re-export and the commercial quantity carried, which 'raised such suspicion' warranting investigation.An in-transit passenger declaring gold at the Red channel and seeking re-export permission under Section 80 of the Customs Act does not preclude customs authorities from raising suspicion and seizing the gold pending investigation.The Court declined to interfere with the show-cause notice, holding that it is 'mainly based on factual allegations that require adjudication' and that no permission to challenge it in this petition would be granted.The Customs Notification dated 30 June 2017, relied upon by customs, is a matter for investigation in the show-cause proceedings; it was not accepted that it does not apply to in-transit passengers.The Court refused to exercise its discretionary and equitable jurisdiction to interdict the investigation or order release of the seized gold, noting that the factual circumstances 'do not give any suspicion whatsoever' argument was rejected.The Court continued the restraint on the Respondents from selling the seized gold pending disposal of the adjudication proceedings and for six weeks thereafter, to protect the Petitioner's interests. RATIONALE: The Court applied the statutory framework under Section 80 of the Customs Act, 1962, governing re-export of goods by in-transit passengers, and considered the Customs Notification dated 30 June 2017 as relevant to import conditions.The Court relied on admitted facts including prior occasions where the petitioner declared gold and sought re-export permission, and the commercial quantity of gold carried, to justify customs suspicion and seizure.The Court emphasized that the show-cause notice proceedings are the appropriate forum for adjudicating factual disputes and legal compliance, and that preliminary interference by writ jurisdiction is unwarranted.The Court deliberately refrained from making observations that could prejudice the petitioner's defence in the show-cause proceedings, limiting its findings to prima facie considerations relevant to discretionary relief.The continuation of restraint on sale of seized goods reflects a balancing of interests pending final adjudication, consistent with principles protecting property rights during investigation.
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