SEIZURE AND CONFISCATION OF
GOODS
A.
If there is reason to believe that any goods are liable to confiscation
under the Customs Act, the proper officer may seize such goods under Section 110 (1) of the Customs Act,
1962.
(ii)
A Show Cause Notice has to be issued within six months from the date of
seizure. However, on sufficient
cause being shown, the Commissioner of Customs may extend the time limit for a
period not exceeding six months, after giving a notice and hearing the person
from whom the goods were seized. If
no Show Cause Notice is issued within the prescribed time limit, the seized
goods shall be returned to the person from whose possession they were seized.
(Section 110(2) of the Customs Act 1962).
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Q.2
How is this SCN
adjudicated?
A.
Show Cause Notice has to be issued indicating reasons for seizure and the
action proposed to be taken on the seized goods and on the person from whom the
goods were seized. The proper
officer shall give an opportunity to the person from whose possession goods were
seized to explain in writing and in person his point of view. Then the adjudicating authority has to
issue an order indicating reasons and such order shall be subject to appeal for
enabling the aggrieved person to appeal to the next higher authority. The adjudicating authority may
confiscate the goods absolutely or may give option to clear the goods on payment
of fine in lieu of confiscation, in addition to the duty payable on such
goods. Penalty on person concerned
is also leviable.
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Q.3
What does the department do
with the confiscated goods?
A.
If the goods are confiscated absolutely, and there is no further order
passed by the Appellate authority staying/setting aside the order passed by the
adjudicating authority, the department may dispose the goods by sale or
auction.
If the goods are of perishable or hazardous
nature and the value of the goods depreciate with the passage of time, etc., the
goods may be sold by the department without waiting for adjudication proceedings
after drawal of representative samples or taking photographs duly attested by a
magistrate. In case, the final
decision of the adjudicating authority/appellate authority is in favour of the
person from whose custody the goods were seized, the goods shall be returned to
him and, if the goods have been sold, the sale proceeds of such sale shall be
paid to him (Sections 110,
124, 111, 112, 113, 114 & 125 of the Customs Act, 1962).
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