Petitioner has approached this Court seeking interim custody of his vehicle (Toyota Innova Car) bearing registration No. P7-03-9560, pending proceedings under Customs Act. The vehicle in question was seized by the Customs Officials alleging that the vehicle had involved in transporting six gold biscuits and 12 kilograms of saffron which were illegally imported by certain persons.
2. The vehicle was seized on 28-11-2013 and inspite of a lapse one year no action has been taken by the officials to release the vehicle. Petitioner pleads his innocence and submits that he is entitled to interim custody of the vehicle. Petitioner relies on Sec. 115 (2) of the WP(C).No.25899 of 2014 - J 2 Customs Act, 1962 and submits that he is entitled to get release of the vehicle. The learned Standing Counsel points out that the proviso to Sec. 115 (2) and submits that the vehicle cannot be released to the petitioner without adjudication of the matter because if the petitioner ultimately found guilty, he is liable to pay fine not exceeding the market price of the goods illegally imported
3. Considering the facts and circumstances of the case, I of the view that the proceedings against the petitioner shall be finalised within four weeks from today. If the proceedings cannot be finalised within the above stipulated period, the vehicle shall be released to the petitioner on the petitioner furnishing a bank guarantee for the value of the vehicle.
The Writ Petition is disposed of as above.
Dated this the 20th day of October, 2014.
Sd/-A.MUHAMED MUSTAQUE, (Judge) ani/ /truecopy/
P.S.toJudge