Proper officer shall pass an order within seven days of service of notice of such detention or seizure of goods or conveyance

Last updated: 04 May 2024

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The Patna High Court has ruled that a proper officer must issue an order within seven days of serving notice regarding the detention or seizure of goods or a conveyance. The court found no justification for delaying the verification process after interception. In this case, the authorities failed to act within the stipulated seven-day period for both issuing the notice and passing the final order, leading to the quashing of the detention order and the release of the goods.

Court :
Patna High Court

Brief :
The Hon'ble Patna High Court in the case of Pawan Carrying Corporation v. State of Bihar [Civil Writ Jurisdiction Case No. 3499 of 2024 dated February 29, 2024] held that the proper officer must issue the notice right within seven days of detention or seizure of goods or conveyance. There is no reason to wait for an application by the driver of the vehiclefor the verification of the goods when the vehicle is intercepted. Lastly, the order should be passed within seven days of the service of notice of such detention or seizure of goods or conveyance.

Citation :
The Hon'ble Patna High Court in the case of Pawan Carrying Corporation v. State of Bihar [Civil Writ Jurisdiction Case No. 3499 of 2024 dated February 29, 2024] held that the proper officer must issue the notice right within seven days of detention or seizure of goods or conveyance. There is no reason to wait for an application by the driver of the vehiclefor the verification of the goods when the vehicle is intercepted. Lastly, the order should be passed within seven days of the service of notice of such detention or seizure of goods or conveyance.

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Attached File : 671907_5667_pawan_carrying_corporation.pdf

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Judgement posted by

Bimal Jain

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FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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