No Vested Right to Redeem Confiscated Prohibited Goods Under Customs Act: Delhi High Court

No Vested Right to Redeem Confiscated Prohibited Goods Under Customs Act: Delhi High Court

The Delhi High Court held that redemption of confiscated goods under Section 125 of the Customs Act, 1962 is not an automatic or vested right, especially when the goods are prohibited for import.

The Court dismissed a writ petition challenging the absolute confiscation of areca nuts imported in violation of the Minimum Import Price condition.

It observed that Section 125 uses the term “may”, giving discretion to the adjudicating authority to allow or deny redemption.

The Court added that fiscal statutes must be strictly construed and writ jurisdiction cannot bypass statutory appellate remedies.

[Bhagwan Corporation v. Commissioner of Customs ICD Patparganj]

Read Judgment / a month ago

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