CALCUTTA HIGH COURT [Nishu V/s The Union of India]
Goods and vehicle carrying pan masala were detained after interception and issuance of MOV-02, but the revenue passed no formal seizure/detention order for over four months and insisted on the assessee’s personal appearance, citing doubts about the firm’s existence and ownership. The court held this approach unjustified: invoices accompanied the goods and the 31.12.2018 circular clarifies ownership for Section 129, while Section 116 allows representation by advocate. The writ was disposed with directions for hearing, notice to consignee, deposit under Section 129(1)(a), and a Section 129(5) order within 48 hours, enabling release.