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2004 (6) TMI 48

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....Few facts relevant for the decision in the matter are that on or about 7th September, 1996 the petitioners' premises were searched by the officers from the Customs Department and various goods including the documents pertaining to the bank accounts of the petitioners which included those of the Account No. 22021 in Bank of India, Breach Candy Branch at Mumbai, Account No. 1991 in Indian Overseas Bank, Nariman Point Branch, Mumbai and Account No. 74638 of Bank of Baroda, Clock Tower Branch at Ludhiana were seized by them. Consequent to the seizure of the documents, various statements were recorded and the said Bank accounts were ordered to be freezed. In the year 1997, as the petitioners were to receive certain amount in the course of their ....

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.... clearly discloses a statement to the fact "I say that since the investigation is not yet completed, issuance of show cause notice/charge sheet does not arise. I say that the Bank accounts of the petitioners were frozen as a precautionary measure since the export remittances received by the petitioner were credited in his bank account. 5.In terms of Section 110(1) of the said Act, the Customs authorities are entitled to seize the goods liable to be confiscated and the goods include currency in terms of definition of the term goods in Section 2(22) of the said Act. Sub-section (1) of Section 110 provides that if the proper officer has reason to believe that any goods are liable to confiscation under the said Act, he may seize such goods. Ho....

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....of 6 months may be extended by the Commissioner of Customs, on sufficient cause being shown, for a period not exceeding six months. We are fully aware that in a given case where the delay is occurred on account of acts on the part of owners of the goods then such period can even be excluded from the period of six months as was held by the Apex Court in the case of Poolpandi v. Superintendent, Central Excise reported in 1992 (60) E.L.T. 24 (S.C.) = AIR 1992 Supreme Court 1795. Nevertheless the authorities under the said Act have no power to continue to keep the goods seized under Section 110(1) after the expiry of period of 6 months unless they follow the procedure prescribed under Section 124 and/or 110(2) of the said Act, as the facts and ....