CBLR'18 - F & G CARD EXAM NOTES - DIFFERENCE BETWEEN SEIZURE AND CONFISCATION UNDER CUSTOMS ACT 1962

SEIZURE

Dictionary meaning of Seizure is " the action of capturing

someone or something using force "

1.Seizure is governed by Sec 110 of Customs Act 1962 2.On a reasonable belief that the goods may be liable for confiscation, the seizure is effected by a proper officer of Customs. 3.If no Show cause Notice under sec 124 of CA 1962 is issued within six months or an extended period of another six months (overall 12 months) the seized goods shall be returned to the person from whom seized. ******************************************** CONFISCATION Dictionary meaning of Confiscation is " the action of taking or seizing someone's property with authority" 1.Confiscation is governed by Sec 111 of CA 1962 on imports and section 113 of CA 1962 on Exports 2.On confiscation under Sec 111  (imports) or Sec 113 (exports) the property vests with customs 3.On confiscated goods, Adjudicating Authority (other than absolutely confiscated by adjudication) may allow same goods to be redeemed by the  importer / exporters on payment of redemption fine under sec 125(1) of CA 62 with penalty under Sec 112 of CA 62 ( in respect of import ) of under  Sec 114 of CA 62 (in respect of Exports) This is popularly known as " Fine in lieu of confiscation"