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HC ruled customs authorities improperly disposed of 1065.10 grams of detained gold without adequate notice to petitioner. The department's undated communication lacked proof of delivery and proper authentication. Finding the disposal contrary to law, including Circular dated September 6, 2022, the court determined all subsequent actions by customs (redemption fine, penalty, duty deductions) were untenable. Petitioner entitled to full current market value of gold, payable within three weeks, with Rs. 1,00,000 penalty for late payment. The disposal process violated procedural requirements and petitioner's rights, rendering customs department's entire handling of the matter legally deficient. Court directed CBIC's OSD (Legal) for compliance.
HC ruled customs authorities improperly disposed of 1065.10 grams of detained gold without adequate notice to petitioner. The department's undated communication lacked proof of delivery and proper authentication. Finding the disposal contrary to law, including Circular dated September 6, 2022, the court determined all subsequent actions by customs (redemption fine, penalty, duty deductions) were untenable. Petitioner entitled to full current market value of gold, payable within three weeks, with Rs. 1,00,000 penalty for late payment. The disposal process violated procedural requirements and petitioner's rights, rendering customs department's entire handling of the matter legally deficient. Court directed CBIC's OSD (Legal) for compliance.
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