LAWS(GJH)-2018-9-295

DEEPAK NATVARLAL SONI Vs. UNION OF INDIA

Decided On September 10, 2018
Deepak Natvarlal Soni Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The challenge in this writ petition under Article 226 of the Constitution of India by the petitioners who are family members is to the unjust, unreasonable and arbitrary action of the respondent authorities in not releasing the goods upon seizure affected on 11.2.2017 in view with regard to seized gold ornaments and two I phones while they arrived from Sharjah to Ahmedabad International Airport.

(2.) The prayer in this petition under Article 226 of the Constitution of India reads as under:

(3.) Since there is no dispute about date on which goods in question came to be seized by custom authorities, our attention is invited by Mr. Paresh Dave, learned advocate appearing for the petitioners to various provisions of Customs Act, 1962 in the context of the prayer made herein above. Section 110 about Seizure of goods, documents and things and particularly sub-section (2) of Section 110 including the proviso therein, Section 124 about issue of show cause notice before confiscation of goods etc., and Section 153 which governed the subject goods prior to last amendment by Finance Act, 2018.