Customs seizure adjudication prevails over criminal-law zimma release where no sanctioned Customs cognizance has been taken.

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Full Text of the Document

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....Goods seized under the Customs Act remain within the statutory confiscation and penalty adjudication framework where prior sanction has not been obtained and cognizance of a Customs offence has not been taken. The proper officer's special power to grant provisional release pending adjudication cannot be displaced through the general criminal-law power to release property on zimma. Consequently, a Sessions Court lacks jurisdiction to order release of seized areca nuts on zimma in those circumstances, and the release order was set aside.....