(SEE PARA
56)
Bond
for Provisional Release of Vehicles Seized under the Customs Act
KNOW ALL MEN BY
THESE PRESENTS THAT I/WE ____________________________,
S/o ___________________________________________________________________ owner of the
Vehicle (_______________________________)bearing
Regn. No. ______________
reinafter called the “GUARANTOR” (which shall unless excluded by or repugnant
to the subject and context include(in case of individual) his heirs, executors,
administrators and/or representative(incase of firm) their partners and their respective
heirs, executors, administrators and/or
successors)am/are jointly and severally
held and firmly bound unto the President of India(hereinafter called “the
Government of India” which expression shall include his successors and/or
assigns) in the sum of Rs. _________/-(Rupees
______________________________) here insert the bond amount to be paid to the
Government of India or to the Commissioner of Customs (P), ________________________________ or as he may
direct for which payment well and truly to be made I/We the grantor do bind and
oblige myself/ourselves for the whole firmly by these presents.
Whereas the GUARANTOR is the sole
owner/owners of the Vehicle mentioned in the schedule there to which have been
seized by the Customs Officers and the case is under consideration and
investigation of the Commissionerate of Customs (P), West Bengal, Kolkata.
AND WHEREAS the said vehicles being
the public Vehicle /or Vehicle used as public or private carrier I/We have
applied to the Deputy Commissioner of Customs, Siliguri Customs Division,
Siliguri for the release of the said vehicle pending investigation and have
deposited with the Commissionerate of Customs, a sum of Rs._________/- (Rupees __________________________) (hereafter
the Security deposit amount) vide T.R.-6 Challan No. _____________ , Bank Scroll No._____________ dt. / /200 in SBI _____________, ____________ to be
applied for the purpose hereinafter mentioned.
Contd….P/2
Page
-2
AND WHEREAS Commissioner of Customs
has agreed thereto subject to the terms and conditions herein contained.
.
AND WHEREAS the GRANTOR has agreed
to the terms and conditions of these presents and has agreed to execute the
same.
NOW THE
CONDITIONS OF THE ABOVE WRITTEN BOND OR obligation are such that:
a) the officer adjudicating upon the case
is not of the opinion that the vehicle should be
or should have been confiscated or does not after adjudication pass an order
for confiscation or for realization of
fine in lieu of confiscation or for payment of any incidental charges or in the event of his imposing any personal
penalty either of the GUARANTOR or any other person concerned in the case of
fine and/or penalty and/or other
incidental charges payable by the Grantor shall have been paid; and
b) the guarantor produce the said vehicle
whenever called upon to do so by the Commissioner
of Customs or any person duly authorized by the said Commissioner, of, and
c) the Guarantor duly complies with the
provisions of the Customs Act,1962 and/or any
rules and regulations made there under in relation to the enquiry if any to be held by the Customs Officers or in
relation to the adjudication of the case.
THEN the above written bond or
obligation shall be void, otherwise the same shall subject to the provisions
herein contained, remain in full force and virtue.
PROVIDED ALWAYS
and it is hereby expressly agree and declared by and between the parties to
these presents as follows:-
1) Nothing herein contained shall
prejudice effect of the right of the Government of India or the Commissioner of Customs to proceed against the Grantor
in respect of breach of the
provisions of any law for the time being in force or to recover any amount which may be found to be payable
by the Grantor in excess of the amount deposited
as herein before stated.
2) It is declared that these presents
relate to the performance of an act in which the public are interested.
3) The said deposit of Rs._______/-
(Rupees _________________________________) made by the Guarantor as aforesaid
may at any time be appropriated by the Commissioner of Customs or any other
officer who may be in charge of the case of the Guarantor towards any penalty
that may be imposed by the adjudicating officer and/or against any fine in lieu
of confiscation and/or against all incidental charges that may be due and
payable by the Guarantor in respect of the preservation, transport of the
vehicle, and the balance of any shall be refunded to the Grantor.
4) In case the above written bond or
obligation becomes void as aforesaid the said sum
of Rs. ._______/- (Rupees _________________________________) deposited by the Guarantor shall be refunded to him/them.
Cont…..
P/3
Page
- 3
The Schedule of
above referred to:
1. Class of Vehicle :
Type of body : Saloon
Type of body : Saloon
2. Makers Name :
3. Chassis No. : -
3. Chassis No. : -
4. Engine No. : 6
5 Fuel used in the engine : Diesel/Petrol
6. Regn. No. :.
7. Month & Year of Manufacture:
7. Month & Year of Manufacture:
8. Number of Cylinders :
9. Horse Power (B.H.F.) :
10. Seating Capacity :
11. Unladen weight :
12. Colour of the Body :
13. This C/F, is valid upto :
IN WITNESS
whereof the parties to these presents have here-unto set and subscribed their
respective hands this day 28th August 2006
SIGNED by Guarantor at
Signature _______________________
Signature _______________________
Occupation: Business
Address:
Witnesses:
1.
2.
ACCEPTED AND
SIGNED BY me for and on behalf of the President of India this day 28th August 2006
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