Regarding attachment of property in customs case. Can father be jailed


My father was involved in a customs case in 2012. The property we live in is in my grand- moms name but was in my father's name when it was bought and transferred in 1998. My dad was imposed with sections 112,112a,114aa,117 of the customs act. My grand- mom is alive. Can the customs attach the above property is there even a slightest chance ? A penalty of 60 lacs was imposed and an appeal has been filed in the tribunal . Can the govt charge interest on the penalty before the judgement of the appeal? Can my dad be imprisoned for this?

Answers (1)


112 votes

If the property was transferred by Gift deed in the year 1988, then the property cannot be attached .However there certain facts which needs to be considered but  for that we will have to examine your facts.

Your query is silent on certain facts:

1. Present ownership of property?

2. Is your grandmother alive? Has she made her WILL?

Please provide complete facts, so that we can address your query

Furthermore, yes if your father is unable to pay then Hon'ble Court can pass an arrest warrant against your father


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