Effective Strategies for Contesting Gold Seizure by Customs at Delhi Airport: Legal Strategies for Gold Smuggling Cases by Customs Lawyer in Delhi
Effective strategies to contest gold seizure Delhi Airport | How to contest gold seizure Delhi Airport | Legal strategies for challenging gold seizure Delhi | Contesting customs gold seizure Delhi Airport | Effective legal tactics for gold seizure Delhi | Gold seizure contesting strategies Delhi Airport | How to fight customs gold seizure Delhi | Legal defense for gold seizure Delhi Airport | Strategies for contesting gold confiscation Delhi | Contesting gold seizure under Customs Act Delhi Airport | Legal help for contesting gold seizure Delhi | Best strategies to challenge gold seizure Delhi Airport | Fighting gold seizure Delhi Airport legal tactics | How to legally contest gold seizure Delhi | Effective defense for gold seizure Delhi Airport | Challenging gold seizure customs Delhi Airport | Gold seizure contest legal strategies Delhi | Winning strategies for contesting gold seizure Delhi | Legal steps to contest gold seizure Delhi Airport | Expert strategies for challenging gold seizure Delhi |
If the gold is seized by the customs officials at the Delhi Airport or Terminal, then immediately steps shall be initiated to look for the available legal options and understand the ways on how to effectively tackle or contest the seizure. Mostly, the activities of such seizure are governed by the Customs Act of 1962, which discusses the grounds on which the gold can be seized, who is authorised to conduct the seizure, and what steps shall be taken before, during and after the seizure. Along with this, the Act also contains some provisions whose proper implementation can lead to navigating the legal process.
Following are discussed some of those legal provisions from the Customs Act, 1962, which would provide some strategies which might be effective in contesting the gold seizure by the customs authorities:
• Firstly, it is essential to know about the legal provision under which such gold is seized. Section 110 of the said Act discusses the seizure of goods, documents and things, which includes gold as well. As per this provision, a proper officer can seize the gold if he has reason to believe that such gold shall be confiscated under this Act. This means the officers can, on suspicion, also seize the gold of an individual. But inside this provision, there is a clause that if any goods are seized under this Section, then within six months from the date of such seizure, the officers have to provide a notice under Section 124 of this Act to the individual from whom the gold is seized. However, if no such notice is furnished after the time period is lapsed, then the person from the possession of whom the gold is seized acquires a right to claim back his gold, and the officers cannot deny him the same. Thus, the person has to just be alert and ready with his application regarding return of the goods in case of non-issuance of the notice to him.
• Then, Section 111 and Section 113 of the said Act deal with confiscation of the goods, including gold, because of improperly importing or exporting them under certain scenarios. And for this, penalty is prescribed under Section 112 and Section 114 of the said Act. Abetment of doing such an act or omission is also penalised under the same legal provisions. Thus, the person who is travelling with gold has to ensure that none of his travelling acts violates any of these provisions; otherwise, seizure of gold will be done. And in case any such mishap happens, the person should carry with him all the relevant documents related to the gold to prove his innocence at the very moment.
• Section 124 of this Act deals with a show cause notice, which has to be necessarily issued either to the person claiming to be the owner of the gold or to the person from whose possession the gold is to be seized. This provision says that before making any order of the confiscation of the gold, such person shall be made to know about the grounds on which the confiscation is proposed to be taken. Such person shall clearly go through all the grounds provided in such show cause notice, and if according to him there’s any ground which is invalid, he shall challenge the same and stop the seizure of the gold at that very moment. This same legal provision provides such a person the right to file a reply to that notice within a reasonable time in writing and provides him with an opportunity to be heard in such a matter. Without compliance with all these protocols, the customs officers or authorities cannot seize the gold of such a person because an act done in contradiction of these protocols will be considered a violation of natural principles.
• If the gold of a person is seized, the matter is then referred to the adjudicating authority for further order. Thus, for the time the adjudication is pending, the person from whose possession the gold is seized can make an application for the provincial release of his gold to its owner till the time the authority pronounces any order under Section 110-A of the said Act. For this, the person has to give a bond, along with furnishing such security as the adjudication authority deems fit. Certain conditions can also be complied with by such a person, and that person has to ensure that he complies with all such conditions while the case is going on.
• Seizure or confiscation are not the only options to deal with the goods which are suspected of being smuggled. The customs authorities can also choose a lenient path provided under Section 125 of the said Act where the person from whose possession the gold is seized, or the person claiming to be the owner of those goods, is provided with an option, under certain scenarios, that such person pay an amount as a fine, which would be decided by the adjudging officers, in lieu of the confiscation of the gold. This provides an opportunity for such a person to enter into a compromise when contesting such a seizure, as it allows such a person to recover the gold while concurrently settling the legal dispute.
• After the adjudication is over and a final decision or order from their side is announced, if the person whose gold is seized is unsatisfied with such an authority order, such person can appeal and approach appropriate authorities under relevant provisions of this Act under the prescribed time period. Section 128 allows the aggrieved person to make an appeal to the Commissioner (Appeals) within 60 days from the date of communication of the previous authority order or decision to him. Aggrieved from this authority’s order or decision, the aggrieved person can make an appeal to the Appellate Tribunal formed under this Act called Customs, Excise and Service Tax Appellate Tribunal (CESTAT) under Section 129-A. The aggrieved person also has the option to file a revision application for the annulment or modification of the order provided by the above two authorities. Coming to the traditional courts of law, the aggrieved person can make an appeal to the concerned High Court under Section 130 of the said Act from every order passed by the Appellate Tribunal. And if the aggrieved person still gets an unfavourable order, then the Supreme Court of India, either on its own motion or upon making an oral application by such aggrieved person, hears the matter as an appeal and decides the dispute under Section130-E. Two things have to be kept in mind while approaching these Courts, that, the High Court only entertains an appeal if the case involves a substantial question of law, and to appeal to the Supreme Court, the High Court shall have certified that the case is a fit one for appeal to the Supreme Court.
In conclusion, a piece of advice would be provided that whatever strategy the person whose gold is seized or the owner of such gold thinks to take, such person shall consult a legal professional beforehand. From filing a reply to the show cause notice to producing evidence and making statements before the customs or other authorities, a legal professional could be the best option to navigate in this situation, and Section 146-A of the Customs Act, 1962 also allows the aid of a legal practitioner in contesting the proceedings by appearing on behalf of such person whose gold is seized.
Authored By: Adv. Anant Sharma & Sahil Arora
#GoldSeizureDefense #CustomsLawyerDelhi #GoldSmugglingDefense #DelhiAirportLaw #LegalHelpDelhi #SeizedGold #CustomsViolations #ConfiscationDefense #GoldSmugglingCase #AppealProcess