CONFISCATION OF GOODS AT NHAVA SHEVA CUSTOMS

[Anwar Uddin]

Dear Sir/Madam

One of my customers shipment is on HOLD at nhava sheva customs since last three months, shipment contains Copper bracelet which was declared Other articles of Copper, at time examination 178 kgs weight found short out of 1800 kgs, the examiner kept this shipment on HOLD for weight short & also told that shipment will fall under Artificial Jewellary, they confiscated goods and imposed redemption fine under section 125 plus penalty under section 114(iii) and 114AA, and also rejected export incentives, Our Customer paid the full amount of Redemption fine/penalties, and again approached to customs officer with challan paid to customs, but still officer asking for a letter stating that you'll not file appeal against this order and still shipment on HOLD after one week of payment of penalties, Can you please advise if they are correct and still can HOLD this shipment? Your urgent reply will be highly appreciated.

Thank you.

Anwar

AI Summary

Right to release of goods: payment of redemption fine mandates release; no lawful basis to demand waiver of appeal.
Payment of the redemption fine and penalties under the adjudication entitles the owner to release of confiscated export goods, unless the adjudication order or a separate written order or parallel investigation expressly preserves retention. Customs cannot lawfully make release conditional on a written waiver of the statutory right to appeal; any continued detention after full compliance must be justified in writing and may be challenged administratively or via RTI and escalation to senior officers.