Provisional release of seized restricted goods for re-export may...

Provisional release of seized restricted goods for re-export may be granted pending adjudication where classification has not attained finality. Section 110A permits release subject to an appropriate bond, security and conditions; executive instructions cannot curtail this discretion or justify blanket refusal solely because goods are alleged to be prohibited or restricted. Such release remains an interim measure and does not determine confiscation, duty or penalty proceedings. Where re-export addresses the policy concern behind the import restriction and the investigating agency has no objection, release for that limited purpose is appropriate. The seized jewellery was therefore permitted to be released exclusively for re-export on a bond equal to its value.

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