FININ2MIN · JUDGMENT INTELLIGENCE
Customs · F2J-C-2795

M/s Nxtify Technologies Private Limited v. Union of India & Ors.

VALIDATED · ACTUAL COURT-COPY PDF
Court
Patna High Court
Case number
Civil Writ Jurisdiction Case No. 2517 of 2026
Decision date
2026-09-11
Bench
Rajeev Ranjan Prasad and Sunil Dutta Mishra JJ.
Neutral citation
Not stated in retained copy
CNR
Not stated in retained copy
Disposition
Petition partly allowed; unlawful freezes and extension orders quashed while valid attachments were preserved.
Later history
Not verified — check the official court record for later history before reliance (as of 13 Sep 2026)
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Holding (ratio)

A customs bank-account attachment requires a written reasoned order and prior approval; extension requires recorded reasons and a pre-decisional hearing.

Scope limits

The decision is confined to the issues decided on the retained record; verify the complete judgment and subsequent history before reliance.

Sources and completeness

PDF status
Complete searchable public court copy, retained unchanged
PDF pages
40
Extracted words
10,944
Public report
Read the public report
PDF SHA-256
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Complete searchable judgment text
          IN THE HIGH COURT OF JUDICATURE AT PATNA



                    Civil Writ Jurisdiction Case No.2517 of 2026



     ======================================================



     M/s Nxtify Technologies Private Limited 3rd Floor, 1034A, Sri Sri Sai



     Arcade, 24th Main, 9th Cross, Sector-1, HSR Layout, Bengaluru- 560102,



     through its Director, Ashish Kumar, aged about 31 years, Male, S/o J.S.P.



     Baranwal, R/o H.No.-138, Street No.- 39, Saraswati Enclave, Gopal Nagar,



     Najafgarh, P.O. and P.S.- Najafgarh, District - South- West Delhi, Delhi -



     110043.



                                                                 ... ... Petitioner



                                        Versus



1.    The Union of India through its Secretary, Ministry of Finance, Department



      of Revenue, North Block, New Delhi.



2.   The Office of the Commissioner of Customs (Preventive), through the



     Assistant Commissioner of Customs, 5th Floor, Central Revenue Building,



     Bir Chand Patel Path, Patna.



3.   ICICI Bank Limited, through its Authorised Representative, 273, 15th Cross,



     20th Main, J P Nagar, 5th Phase, Bengaluru- 560078.



4.   RBL Bank Limited, through its Authorised Representative, 135 Mig, 60ft



     Road, 1st Cross, KHB Colony 5th Block, Near Jyothi Nivas College Back



     Gate, Koramangala, Bengaluru - 560095.



5.   IDFC First Bank Limited, through its Authorised Representative, Ground



     Floor, No.- 8/3, PID No. 49-6-8/3, Bull Temple Road, Basavanagudi,



     Bengaluru- 560004.



6.   Kotak Mahindra Bank Limited, through its Authorised Representative, The



     Pinnacle, Ground Floor, No.- 8, 5th Block, Koramangala, Bangalore,



     Karnataka- 560095.



7.   Yes Bank Limited, through its Authorised Representative, Obelisk Municipal



     No.- 3, Kasturba Road, Bengaluru - 560001.



8.   IndusInd Bank Limited, through its Authorised Representative, Ground



     Floor, Centenary Building, No.- 28, M G Road, Bengaluru - 560001.







                                               ... ... Respondents



     ======================================================



     Appearance :



     For the Petitioner/s   :      Mr. Prashant Singh, Advocate



                                   Mr. Ali Muqtadir Ahmad, Advocate



                                   Mr. Maarij Ahmad, Advocate



     For Respondent (UOI)   :      Mr. Dr. K.N. Singh (ASG)



                                   Mr. Sriram Krishna, Sr. SC Customs



                                   Mr. Devansh Shankar Singh, Jr. S.C.



                                   Mr. Prabhat Kr. Singh, JC to ASG



     For the ICICI Bank     :      Mr. Dayanand Singh, Advocate



                                   Mr. Nagedeo Choubey, Advocate



                                   Mr. Dhananjay Kashyap, Advocate



     ======================================================



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       CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD



               and



               HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA



       CAV JUDGMENT



       (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)







         Date : 11-09-2026











                    Heard learned counsel for the parties.







                    2. Petitioner in the present writ application is engaged in







       digital marketing and affiliate digital marketing. It is also engaged







       in reselling of various brands, gift vouchers/cards, etc. Initially,







       this writ petition was filed seeking the following reliefs:-







                            “(i) For issuance of the writ in the nature of Mandamus



                            directing the Respondent(s) for calling for records,



                            thereby disclosing the details of the provisional



                            attachment orders issued under section 110(5) of the



                            Customs Act, 1962, and;



                            (ii) For issuance of writ in the nature of Certiorari for



                            quashing of the Provisional Attachment Orders placed



                            on Petitioner’s Bank Accounts maintained with



                            Respondents No. 3 to 8, and;



                            (iii) For issuance of a writ in the nature of Mandamus



                            for commanding and directing Respondents No. 3 to 8:



                            a. To unfreeze the ICICI Bank (Account No.



                            16690500167) freezed on 15.10.2025 maintained with



                            Respondent No. 3,



                            b. To unfreeze the ICICI Bank (Account No.



                            166905000336) freezed on 27.10.2025 maintained with



                            Respondent No. 3,



                            c. To unfreeze the RBL Bank (Account No.



                            409000538920) maintained with Respondent No. 4,



                            d. To unfreeze the IDFC First Bank (Account No.



                            10110595384) maintained with Respondent No. 5,



                            e. To unfreeze the Kotak Mahindra Bank (Account No.



                            2912039178) maintained with Respondent No. 6,



                            f. To unfreeze the Yes Bank (Account No.



                            002224000000121) maintained with Respondent No. 7,



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                            g. To unfreeze the IndusInd Bank (Account No.



                            259901328805) maintained with Respondent No. 8,



                            and;



                            (iv) For issuance of writs, orders or directions to pass



                            an ad-interim order staying the operation of the



                            Provisional Attachment Orders placed on Petitioners



                            Bank Accounts maintained with Respondents No. 3 to



                            8, and;



                            (v) For issuance of any other relief/reliefs which this



                            Hon’ble Court may deem, fit and proper in the facts



                            and circumstances of the present case and for which the



                            Petitioners may be entitled.”







                    Brief facts of the Case







                    3. On or about October, 2023, the respondent no. 2







       initiated an investigation against certain firms, namely, M/s Venus







       Exports, M/s Vidhur Enterprises and M/s B.K. Overseas for the







       alleged contraventions of the provisions contained in Section 50 of







       the Customs Act, 1962. The allegations were of fraudulent export







       activities and wrongful availment of Input Tax Credit (in short







       ‘ITC’) under Section 54 of the Central Goods and Services Tax







       Act 2017 (hereinafter referred to as the ‘CGST Act’).







                    4. In course of investigation, the respondent authority







       found that the firms against whom investigation was going on had







       transferred huge amount in the account of this petitioner. Even as







       no investigation was against this petitioner, the respondent no. 2







       formed an opinion that to secure the money which were







       fraudulently transferred in the account of the petitioner, a







       provisional attachment of certain bank accounts of the petitioner



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       maintained with ICICI Bank Limited (respondent no. 3) and RBL







       Bank Limited (respondent no. 4) were made.







                    5. The petitioner was served with a notice with an







       allegation that it was a third-party beneficiary of certain amount







       allegedly fraudulently availed by the exporters. Respondent no. 2







       provisionally attached some more bank accounts of the petitioner







       maintained with IDFC First Bank Limited (respondent no. 5), Yes







       Bank Limited (respondent no. 7) and IndusInd Bank Limited







       (respondent no. 8) under the Customs Act.







                    6. Being aggrieved by and dissatisfied with the said







       provisional attachments, the petitioner moved before the Hon’ble







       Karnataka High Court by filing W.P. No. 28128 of 2024 on







       01.10.2024. Provisional attachment of its bank accounts were







       challenged. During pendency of the said writ petition, respondent







       no. 2 passed adjudication orders dated 18.10.2024 in respect of







       two show-cause notices issued to the exporters, imposing penalties







       of Rs. 50,00,000/- and Rs. 1,50,00,000/- respectively. The said







       amounts were appropriated from the petitioner’s bank accounts







       which had been provisionally attached. On 29.10.2024, the







       Hon’ble Karnataka High Court was pleased to grant an interim







       stay of the provisional attachment orders but respondent no. 2







       further debited amounts of Rs. 87,924.64/- and Rs. 82,00,000/-



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       from the petitioner’s bank accounts on 04.11.2024 and 14.11.2024







       respectively. Against the adjudicatory orders, the petitioner has







       preferred statutory appeals before the Commissioner (Appeals),







       Patna on 16.12.2024, which are presently pending. The prayer of







       the petitioner before the Hon’ble Karnataka High Court seeking







       refund of the amounts illegally debited from its bank accounts did







       not work as the Hon’ble Karnataka High Court granted liberty to







       the petitioner to withdraw the writ petition and to approach the







       appropriate forum.







                    7. It is stated that after withdrawal of the writ petition







       filed by filed before the Hon’ble Karnataka High Court, the







       petitioner had approached this Court by filing writ petition bearing







       number CWJC 14059 of 2025 on 05.08.2025 challenging the







       appropriation of money by respondent no. 2 pursuant to three







       orders in original passed under the Customs Act. During pendency







       of the said writ petition, in October 2025, the petitioner came to







       know that its bank accounts maintained with respondent nos. 3 to 6







       had again been subjected to a ‘debit freeze’. Thereafter, on 27 th







       October 2025, another bank account of the petitioner maintained







       with respondent no. 3 was also placed under debit freeze. The







       details of the bank accounts provisionally attached during the







       pendency of the writ petition before this Court are given in the writ



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       application. A perusal thereof would show that altogether five bank







       accounts of the petitioner maintained with ICICI Bank, RBL Bank,







       IDFC First Bank and Kotak Mahindra Bank were put on debit







       freeze in October 2025. The details are provided in Annexure ‘P/6’







       series to the writ application.







                       Submissions on behalf of the petitioner







                    8. Learned counsel for the petitioner submits that prior







       to putting the accounts on debit freeze no notice was given to the







       petitioner. The petitioner filed one I.A. No. 01 of 2025 in the







       pending writ petition seeking to amend the prayers and quashing







       of the provisional attachment/debit freeze imposed on the bank







       accounts. It is submitted that the learned coordinate Bench of this







       Court disposed of CWJC No. 14059 of 2025 on 20.11.2025







       directing the appellate authority to consider and dispose of the







       pending appeals of the petitioner preferably within a period of six







       months from the date of production of a copy of the order. I.A. No.







       01 of 2025 was not entertained but disposed of without passing







       any order thereon with an observation that challenge to the







       provisional attachment/debit freeze pertain to a distinct and







       independent cause of action. It is in this background, the petitioner







       has preferred the present writ application.



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                    9. Learned counsel for the petitioner has drawn the







       attention of this Court towards Annexure ‘P/6’ series and ‘P/7’







       series to the writ application to submit that on perusal thereof it







       would appear that in the various accounts of the petitioner debit







       freeze were marked due to standing instructions. The banks sent







       SMS to the petitioner. The grievance of the petitioner is that after







       getting knowledge of the debit freeze imposed in the bank







       accounts in October 2025, multiple representations were made by







       the petitioner to the office of respondent no. 2 as well as to the







       Chief Commissioner, Customs, Patna vide emails followed by







       written representations, but for the first time, the respondent no. 2







       responded vide communication dated 17.11.2025. The respondent







       no. 2 informed the petitioner that during the course of







       investigation relating to certain exporters, a purported trail of







       funds had been noticed in the petitioner’s bank accounts. Thus,







       directions had been issued to respondent nos. 3 to 6 to attach the







       said accounts under Section 110(5) of the Customs Act. It was







       informed that defreezing was not possible due to the alleged







       ongoing investigation.







                    10. The submission of the petitioner is that the debit







       freeze orders were placed with the banks without any provisional







       attachment orders having been issued or communicated to the



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       petitioner at that stage. It is stated that such orders were ultimately







       issued only on 07.01.2026, i.e. post facto in order to legitimize and







       cure the earlier arbitrary and unauthorized debit freezes imposed at







       the behest of respondent no. 2.







                    11. It is pleaded that the exercise of power under Section







       110(5) must necessarily precede and not follow the attachment of a







       bank account. Therefore, it is submitted that the freezing of the







       petitioner’s bank accounts in October 2025 followed by issuance







       of the impugned orders only on 07.01.2026 constitutes a clear and







       impermissible post facto attempt to retrospectively validate an







       action taken without authority of law.







                    12. Learned counsel for the petitioner has submitted that







       the impugned orders cannot operate retrospectively so as to cure or







       validate an otherwise illegal attachment. Reliance has been placed







       on the judgment of the Hon’ble Bombay High Court in case of







       Chokshi Arvind Jewellers vs. Union of India reported in 2024







       SCC OnLine Bom 793:(2024) 134 GSTR 494 wherein it has







       been held that power of provisional attachment under Section







       110(5) of the Customs Act is draconian and coercive in nature and







       must strictly conform to the both substantive and procedural







       requirements of the statute. Paragraph ‘36’, ‘40’ and ‘42’ of the



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       judgment in the case of Chokshi Arvind Jewellers (supra) have







       been relied upon.







                    13. Learned counsel has further relied upon another







       judgment of the Hon’ble Bombay High Court in the case of







       Boxster Impex Pvt. Ltd. and Ors. vs. Union of India and Ors.







       reported in (2020) 83 GSTR 433 : 2020 SCC OnLine Bom 978







       wherein the Hon’ble High Court directed the respondents to







       unfreeze the bank accounts of the petitioner. It was held that an







       order in writing for provisional attachment of a bank account is a







       must before such an account can be attached. Paragraph ‘31’, ‘32’







       and ‘33’ of the judgment in the case of Boxster Impex Pvt. Ltd.







       (supra) have been relied upon.







                    14. Learned counsel submits that the Central Board of







       Indirect Taxes and Customs (in short ‘CBIC’) instructions are also







       in consonance with the judicial pronouncements on the subject.







       Assailing the impugned orders of provisional attachment, learned







       counsel submits that the impugned orders do not contain any







       reasons and the orders do not show that the proper officer had







       formed an ‘opinion’ that it is necessary to attach the account. It is







       submitted that for passing an order of provisional attachment, the







       approval of the Principal Commissioner or Commissioner was







       required and the order in writing was to be passed for any such



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       attachment but neither respondent no. 2 furnished any specific







       reasons nor disclosed any tangible material linking the petitioner







       to the alleged fraudulent export activities. There is nothing to show







       that why attachment of the petitioner’s bank accounts was







       necessary.







                    15. Learned counsel has relied upon the judgment of the







       Hon’ble Bombay High Court in the case of Commissioner of







       Customs (Import) vs. Gem Nuts and Produce Exports Co. P.







       Ltd. reported in (2010) 3 GSTR 618 : 2009 SCC OnLine Bom







       1629 to submit that even though the expression “any person”







       under Section 142 of the Customs Act may appear wide,







       attachment or recovery from a non-defaulter recipient in







       impermissible unless it is established that such person had







       knowledge of the fraud or was holding the moneys on behalf of the







       defaulter. Reliance has been placed on paragraph ‘19’ and ‘20’ of







       the judgment in the case of Commissioner of Customs (Import)







       vs. Gem Nuts and Produce Exports Co. P. Ltd. (supra).







                    16. Learned counsel for the petitioner submits that the







       petitioner had been summoned in connection with the inquiry







       being conducted against M/s Kumar Enterprises and Kentil







       Technosoft Private Limited, who are said to be the alleged







       exporters, who had been involved in fraudulent exports. The



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       petitioner has been asked to furnish the details of transactions







       undertaken by the petitioner with these two entities. In paragraph







       ‘49’ of the writ petition, the petitioner has made a submission that







       it is not engaged in the business of exports nor does it undertake







       any export-related activities. In his submissions, no proceeding is







       pending against the petitioner.







                    17. It is further submitted that in the case of Mundhra







       Exim Pvt. Ltd. and Ors. vs. Additional Director General, DRI







       reported in (2025) 152 GSTR 27 : 2025 SCC OnLine MP 7256 it







       has been held that a provisional attachment under Section 110(5) can







       be made only during the pendency of the proceedings under the







       Customs Act. It is submitted that a “proceeding” necessarily







       presupposes issuance of a notice under Section 28 of the Customs







       Act and that the power under Section 110(5) of the Customs Act







       cannot be exercised during preliminary investigation. In Radha







       Krishan Industries vs. State of Himachal Pradesh and Ors.







       reported in (2021) 6 SCC 771, the Hon’ble Supreme Court has held







       that there must be a pendency of proceedings under the relevant







       provisions before an order of provisional attachment is to be issued.







                    Stand of the Respondents







                    18. A counter affidavit has been filed on behalf of







       respondent nos. 1 and 2. It is stated that in the guise of providing







       digital marketing services and issuance of prepaid/gift cards, the



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       petitioner received substantial funds originating from the







       fraudulent exporters through intermediaries such as Shri Vipul







       Agrawal and thereafter converted such funds into prepaid







       instruments, thereby facilitating dissipation and concealment of







       illicit proceeds. The statements recorded under Section 108 of the







       Customs Act from the Director and Officials of the petitioner’s







       company clearly establishes that amounts were received from







       entities like M/s Venus Exports and utilised for issuance of prepaid







       cards against commission.







                    19. It is stated that in view of the established money trail







       and to safeguard government revenue, the competent authority







       invoked powers under Section 110(5) of the Customs Act, 1962







       and provisionally attached the bank accounts of the petitioner. The







       respondents have given details of the adjudication proceedings







       which were initiated and penalties were imposed against the







       petitioner under Section 114AA of the Customs Act. It is stated







       that pursuant to the said adjudication orders and in continuation of







       protective measures, directions were issued to various banks to







       transfer the attached amounts. As regards those adjudication







       orders, the appeals are pending before the Commissioner







       (Appeals), Patna.



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                    20. It is stated that during the course of further







       independent investigation involving twelve other exporters, fresh







       evidence and financial trails emerged, once again linking the







       petitioner as a beneficiary of the proceeds of fraudulent exports. In







       the case of M/s Kumar Enterprises, it was found that an amount of







       Rs. 46,52,000/- was transferred to the petitioner. Based on the







       information received, necessary action was taken by issuing







       directions to the concerned bank, namely, Kotak Mahindra Bank,







       for fresh provisional attachment of bank accounts of the petitioner







       and for obtaining KYC documents and bank statements for further







       scrutiny.







                    21. It is stated that in the case of M/s Kentil Technosoft







       Private Limited, the investigation revealed a money trail exceeding







       Rs. 3 crore flowing into the accounts of the petitioner, thereby







       establishing a substantial and independent nexus of the petitioner







       with yet another set of fraudulent export transactions. In view of







       these     materials,      the    evidences     emerging   from   separate







       investigation, the competent authority again exercised powers







       under Section 110(5) of the Customs Act, 1962 and directed







       further provisional attachment of the petitioner’s bank accounts. It







       is stated that the subsequent/further attachments of the bank







       accounts were not a continuation of earlier action but were



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       necessitated by new investigations involving different exporters







       and fresh money trails wherein the petitioner again surfaced as a







       beneficiary.







                    22. Learned ASG representing the respondents submits







       that the details of the provisional attachment orders issued under







       Section 110(5) of the Customs Act has already been communicated







       to the petitioner. It is submitted that the orders for provisional







       attachment of bank accounts have been passed in accordance with







       law to safeguard the government exchequer, defrauded by the







       fraudulent exporters, transferring the illicit money into the bank







       accounts maintained by the petitioner with respondent nos. 3 to 8.







       The debit freeze order was issued in order to protect the siphoning







       of the money lying in the account of the petitioner.







                    Consideration







                    23. When this writ application was taken up for







       consideration on 02.07.2026, after hearing learned counsel for the







       petitioner and learned ASG for the State, this Court passed the







       following order:-







                                “Heard learned counsel for the petitioner and learned



                                A.S.G. for the Department of Customs.



                                2. Petitioner is aggrieved by and dissatisfied with the



                                freezing of his seven bank accounts.



                                3. Learned counsel for the petitioner does not



                                dispute the power of respondent no. 2 to freeze bank



                                accounts by passing a provisional order of



                                attachment initially for a period of six months and



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                                then the same may be extended for a further period



                                of six months but his submissions are as under :-



                                (i) The power conferred under sub-Section (5) of



                                Section 110 of the Customs Act, 1962 is a drastic



                                power which may have an effect of causing civil



                                death to an ongoing business concern. It is for this



                                reason, the proper Officer has to form an opinion



                                and only when he finds that for purposes of



                                protecting the interest of the revenue on preventing



                                smuggling, it is necessary to attach any bank



                                account, he has to pass an order in writing. The order



                                in writing itself pre-supposes that it must contain



                                reasons.



                                (ii) The power to extend the provisional order of



                                attachment not exceeding six months is to be



                                exercised only after giving an opportunity of hearing



                                to the party likely to be affected by such extension,



                                hence the extension order must record reasons for



                                doing so.



                                4. Learned counsel has relied upon the Instruction



                                No. 19/2024-Customs dated 22nd July, 2024 issued



                                by the Govt. of India in Ministry of Finance,



                                Department of Revenue, Central Board of Indirect



                                Taxes and Customs (Investigation-Customs).



                                Paragraph '8' thereof has been referred to.



                                5. It is submitted that in this case not only the order



                                of provisional attachment has been issued at a



                                belated stage, i.e., much after freezing the bank



                                accounts/attaching the bank accounts of the



                                petitioner, the provisional order of attachment are



                                bereft of any reasons and further the extension of the



                                same has been given without providing any



                                opportunity of hearing.



                                6. We have called upon learned A.S.G., who is



                                representing the Department of Customs, to answer



                                the aforesaid issues.



                                7. As prayed, let this matter be listed on 9 th of July,



                                2026 under the same heading maintaining its



                                position.



                                8. In case any affidavit is required to be filed by the



                                Department, the same must be filed well before the



                                next date of listing with prior service of copy on



                                learned counsel for the petitioner.”



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                    24. After the matter was adjourned for 9th July 2026, in







        the interregnum period, the respondent no. 2 issued a show cause







        notice to the petitioner on 3rd July, 2026 calling upon him to







        appear on 06.07.2026 in order to give him an opportunity of







        hearing. On 06.07.2026, the petitioner appeared and was heard.







        The respondent passed a fresh order on 06.07.2026 which was







        brought on record with the supplementary counter affidavit.







                    25. This Court has expressed its reservations and







        unhappiness with the manner in which the respondent no. 2 took







        fresh steps during pendency of the writ application which







        amounted to interfering with the course of justice. The learned







        ASG having understood that the action of the respondents during







        pendency of the writ application is not justified, submitted that the







        order dated 06.07.2026 passed by the authority would not be







        pressed before this Court. The order dated 10.07.2026 passed by







        this Court is being reproduced hereunder:-







                                “Heard learned counsel for the petitioner and



                                learned ASG for the Department of Customs.



                                2. This matter was heard at length on 02.07.2026.



                                The issues raised by learned counsel for the



                                petitioner were taken note of in its order by this



                                Court. The matter was, however, adjourned on the



                                request of learned ASG in order to enable him to



                                answer the issues recorded by this Court. The case



                                was fixed for 9th of July, 2026.



                                3. At this stage, a supplementary counter affidavit



                                has been filed on behalf of respondent nos. 1 and 2.



                                It appears that during the interregnum period, the



                                respondent authority has attempted to tweak the



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                                order impugned in the present writ application.



                                Without seeking permission of this Court, the



                                department went on issuing a notice to the



                                petitioner on 3rd of July, 2026 calling upon him to



                                appear on 06.07.2026. The formality of giving



                                hearing was done on 6th of July, 2026 which



                                according to the department was the last date on



                                which the limitation for passing an order of



                                extension of the provisional order was going to



                                expire. The respondent passed a fresh order dated



                                06.07.2026 which has been brought on record with



                                the supplementary counter affidavit.



                                4. It is crystal clear that attempt has been made to



                                render the writ application infructuous. Taking



                                advantage of the adjournment of the case to answer



                                the issue, the respondent authority could not have



                                tweaked the impugned order. This is not a fair play



                                in action. This is also in breach of judicial



                                discipline. The respondent authority exercising



                                power of a statutory authority is acting as a quasi-



                                judicial authority. Needless to say that the



                                distinction between a judicial order and a quasi-



                                judicial order is very thin and sometimes that



                                distinction is also obliterating, therefore, the



                                principles which are followed by the courts of law



                                are equally binding upon the officers exercising



                                quasi-judicial powers. This Court is not happy with



                                the manner in which the authority has acted during



                                pendency of the writ application.



                                5. We are not going into this issue further as



                                learned ASG has immediately realized the



                                situation. It is submitted by learned ASG that



                                having understood the fact that this action could



                                not have been taken during pendency of the writ



                                application, he would not press the order dated



                                06.07.2026 passed by the authority.



                                6. Learned ASG submits at this stage that on going



                                through Annexure ‘A’ to Annexure ‘RA-2’,



                                attached with the supplementary counter affidavit,



                                he has found that there are some provisional



                                attachment orders which were issued without



                                approval of the Commissioner. The provisional



                                attachment orders issued on 23.10.2025 and



                                10.10.2025 have been referred to. Similarly, the



                                extension order dated 16.04.2026 (related to those



Patna High Court CWJC No.2517 of 2026 dt.11-09-2026



                                          18/40



















                                two attachment orders shown in the Annexure ‘A’)



                                is not in accordance with law. So far as other orders



                                are concerned, learned ASG submits that he would



                                explain that those orders need no interference.



                                7. It is submitted at this stage that the provisional



                                attachment order dated 23.10.2025 and 10.10.2025



                                as also the extension order dated 16.04.2026 may



                                be set aside with regard to those two bank



                                accounts, however, learned ASG submits that



                                liberty be granted to the department to issue fresh



                                notices and to pass an appropriate order after



                                giving opportunity of hearing to the petitioner.



                                8. Due to paucity of time, the hearing remained



                                unconcluded today.



                                9. As prayed by learned ASG, list this matter on



                                Wednesday i.e. 15.07.2026 under the same heading



                                maintaining its position when he will place on



                                record the chart showing the various cases and the



                                orders passed at different stages.”







                    26. In course of hearing of the matter, learned ASG has







        drawn the attention of this Court towards Annexure ‘A’ attached to







        Annexure ‘RA-2’, with the supplementary counter affidavit filed







        on behalf of respondent no.2. From the chart (Annexure ‘A’), it is







        shown that except the provisional attachment order dated







        23.10.2025 in case of Kumar Enterprises and the provisional







        attachment order dated 10.10.2025 in case of Kentil Technosoft







        Private Limited, all other provisional attachment orders have been







        issued after obtaining due approval from the Commissioner.







                    27. In the supplementary counter affidavit, while







        responding to the statements made in paragraph ‘5’ of the







        rejoinder, the respondents have stated that the petitioner has







        deliberately misconstrued the fact of debit freeze and provisional



                  Patna High Court CWJC No.2517 of 2026 dt.11-09-2026



                                                                 19/40



















                             attachments. The relevant part of paragraph ‘8’ of the







                             supplementary counter affidavit are as under:-







                                                      “8.… The petitioner deliberately misconstrued the



                                                      fact of debit freeze and provisional attachments. In



                                                      provisional attachment, withdrawal of amounts by



                                                      the account holder is restricted for the period



                                                      specified in the detachment order itself. Further, it is



                                                      clarified that the orders issued in the month of



                                                      October, 2025 and Order issued on 07.01.2026, both



                                                      are Provisional Attachment Orders operating on



                                                      different Bank Accounts of the Petitioner and were



                                                      issued in continuation of the ongoing investigation



                                                      after satisfaction under Section 110(5). The



                                                      chronology relied upon by the petitioner does not



                                                      invalidate the statutory attachment”.







                                            28. Since Annexure ‘A’ to Annexure ‘RA-2’ provides







                             the detail of the bank account, date of approval of the provisional







                             attachment order by the Commissioner, the date of issue, the date







                             of approval of the extension and date of extension, it would be apt







                             to reproduce Annexure ‘A’ hereunder for a ready reference:-



NAME OF THE BENEFICIARY ENTITY:- M/S NXTIFY TECHNOLOGIES (P) LTD.



Name of      Beneficiary   Date of     Date of    Date of    Date      of Date of   Date of   Balance     Remarks



the          Entity        approval of issue of   communica approval of extension   communica lying in



Fraudulent   Bank A/c      PAO by the PAO         tion of    the          of PAO    tion of   Bank A/c of



exporter     No.           Commissio              PAO to M/s extension              PAO       M/s Nxtify



                           ner                    Nxtify     of PAO by              extension as on



                                                  Technologi the                    order     01.04.2026(



                                                  es         Commissio                        Rs.)



                                                             ner



Kumar       478006335 02.11.2025 23.10.2025 09.12.2025 18.02.2026 16.04.2026 16.04.2026 Not          As per



Enterprises 0136434 –                                                                   provided as  records



            Kotak                                                                       on date      total



            Mahindra                                                                    mentioned    amount of



            Bank                                                                        above        Appx. Rs.



                                                                                                     3.53 Cr.



             259901328 07.01.2026 07.01.2026 08.01.2026 18.02.2026 30.04.2026 30.04.2026 1,86,765    Has been



             805 if                                                                                  transferred



             Induslnd                                                                                from two



             Bank                                                                                    fraudulent



             166905000 07.01.2026 07.01.2026 08.01.2026 18.02.2026 30.04.2026 30.04.2026 7,804       exporters



             336 of                                                                                  bank



             ICICI Bank                                                                              accounts



                                                                                                     to M/s



             101105953 07.01.2026 07.01.2026 08.01.2026 18.02.2026 30.04.2026 30.04.2026 1,50,35,148 Nxtify



             84 of IDFC                                                                              bank



             Bank



               Patna High Court CWJC No.2517 of 2026 dt.11-09-2026



                                                          20/40



















          409000538 07.01.2026 07.01.2026 08.01.2026 18.02.2026 30.04.2026 30.04.2026 0              accounts



          920 of RBL



          Bank



          002224000 07.01.2026 07.01.2026 08.01.2026 18.02.2026 30.04.2026 30.04.2026 2,60,553



          000121 of



          Yes Bank



Kentil     166905000 19.11.2025 10.10.2025 09.12.2025 18.02.2026 16.04.2026 16.04.2026 7,175



Technosoft 167 of



(P) Ltd.   ICICI Bank 19.11.2025 20.11.2025 09.12.2025 18.02.2026 30.04.2026 30.04.2026



                                                                            Total      1,54,97,445



















                                    29. On facts, it is now crystal clear that during







                       investigation of the matter in relation to M/s Kumar Enterprises







                       and M/s. Kentil Technosoft Private Limited, the respondent







                       authorities issued “debit freeze” order to the banks on various







                       dates in the month of October 2025. Details in this regard may be







                       found from Annexure ‘P/6’ series to the writ application. The







                       communications received from the bank have been placed before







                       this Court. The specific statements in this regard made in







                       paragraph ‘10(g)’ of the writ application have been answered by







                       the respondents in paragraph ‘40’ of their counter affidavit. The







                       stand of the respondents is that the “debit freeze” of accounts were







                       done afresh in course of investigation of fraudulent exports done







                       by different exporters wherein again the petitioner was found







                       involved in money trail and further, the attachment of bank







                       accounts were done as per the instructions of Section 110(5) of the







                       Customs Act, 1962 and not arbitrary.







                                    30. In paragraph ‘41’ of the counter affidavit, the







                       respondents have taken stand that on the representation submitted



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        by the petitioner, the petitioner was provided the reasons of such







        provisional attachments of bank accounts vide the office letter







        dated 17.11.2025. The office letter dated 17.11.2025 has been







        brought on record as Annexure ‘R1-2’. We have perused Annexure







        ‘R1-2’. On a bare reading of the Annexure ‘R1-2’, it appears that







        in this letter, an impression has been given that the direction to







        attach the bank accounts of the beneficiary i.e. the petitioner, is in







        terms of Section 110(5) of the Customs Act by the competent







        authority.







                     31.   The      respondents       have   themselves   enclosed







        Annexure ‘A’, which we have extracted hereinabove. It is evident







        that the provisional attachment order dated 10.10.2025 in the







        matter of M/s Kentil Technosoft Private Limited and the order







        dated 23.10.2025 in the matter of M/s Kumar Enterprises were







        issued without approval of the competent authority i.e. the







        Commissioner. The respondents have admitted it. If it is so, the







        provisional attachment orders and the subsequent order of







        extension of these provisional attachment orders would also be







        rendered illegal, being in violation of the statutory scheme of







        Section 110(5) of the Customs Act.







                     32. Although, learned counsel for the petitioner has







        relied on a number of decisions to strengthen his submissions, this



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        Court would refer the judgment of the Hon’ble Supreme Court in







        the case of Radha Krishan Industries (supra). In this case, the







        Hon’ble Supreme Court was considering a challenge to the orders







        of provisional attachment issued by the respondents against the







        appellant under Section 83 of the Himachal Pradesh Goods and







        Services Tax Act (in short ‘HPGST Act’). The Hon’ble Supreme







        Court embarked on an interpretative journey of unravelling the







        substantive and procedural content of the power. The preliminary







        issue was whether the High Court was right in concluding that the







        provisional attachment could not be challenged in a petition under







        Article 226. Section 83 of the HPGST Act permits provisional







        attachment once during the pendency of the proceeding under







        Section 62, 63, 64, 67, 73 or 74 of the HPGST Act. Section 83 of







        the HPGST Act and Section 110(5) of the Customs Act are in pari







        materia, therefore, we reproduce both the provisions hereunder:-







                                            “Section 83 of the HPGST Act



                                “83. Provisional attachment to protect revenue in



                                certain cases.—(1) Where during the pendency of



                                any proceedings under Section 62 or Section 63 or



                                Section 64 or Section 67 or Section 73 or Section 74,



                                the Commissioner is of the opinion that for the



                                purpose of protecting the interest of the government



                                revenue, it is necessary so to do, he may, by order in



                                writing attach provisionally any property, including



                                bank account, belonging to the taxable person in such



                                manner as may be prescribed.



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                                                 (2) Every such provisional attachment shall cease to



                                                 have effect after the expiry of a period of one year



                                                 from the date of the order made under sub-section



                                                 (1).”



                                                              Section 110(5) of the Customs Act



                                                 “110. Seizure of goods, documents and things.



                                                 (1) ...



                                                 (2) ...



                                                 (3) …



                                                 (4) …



                                                 3



                                                  [(5)     Where    the   proper     officer,     during   any



                                                 proceedings under the Act, is of the opinion that for



                                                 the purposes of protecting the interest of revenue or



                                                 preventing smuggling, it is necessary so to do, he



                                                 may,      with     the   approval     of       the   Principal



                                                 Commissioner of Customs or Commissioner of



                                                 Customs, by order in writing, provisionally attach



                                                 any bank account for a period not exceeding six



                                                 months:



                                                 Provided that the Principal Commissioner of



                                                 Customs or Commissioner of Customs may, for



                                                 reasons to be recorded in writing, extend such period



                                                 to a further period not exceeding six months and



                                                 inform such extension of time to the person whose



                                                 bank account is provisionally attached, before the



                                                 expiry of the period so specified.”







                                       33. The Hon’ble Supreme Court has noticed the







                          judgment of the Hon’ble Delhi High Court in the case of Proex







                          Fashion (P) Ltd. vs. Union of India reported in 2021 SCC







                          OnLine Del 2082 wherein the Hon’ble Delhi High Court has







                          outlined the statutories stipulated conditions for the invocation of







3. Inserted by Act 29 of 2019, S. 74(ii).



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        Section 83 of the SGST Act. Paragraph ‘10’ of the judgment has







        been briefly taken note of in paragraph ‘35’ of the judgment in







        case of Radha Krishan Industries (supra). It has been ultimately







        held that the power under Article 226 of the Constitution to issue







        writs can be exercised not only for the enforcement of







        fundamental rights, but for any other purpose as well. An







        alternative remedy by itself does not divest the High Court of its







        powers under Article 226 of the Constitution in an appropriate







        case though ordinarily, a writ petition should not be entertained







        when an efficacious alternate remedy is provided by law. In cases







        where there are disputed questions of fact, the High Court may







        decide to decline jurisdiction in a writ petition. However, if the







        High Court is objectively of the view that the nature of the







        controversy requires the exercise of its writ jurisdiction, such a







        view would not readily be interfered with.







                    34. Dealing with the issue of provisional attachment, the







        Hon’ble Supreme Court has noticed the parliamentary intent







        behind Section 83. It is to protect revenue in certain cases. In this







        regard, the views expressed by the Hon’ble Supreme Court in the







        case of Radha Krishan Industries (supra) may be found in







        paragraph ‘41’ and its subparagraphs, ‘42’, ‘49’ and ‘50’ of the







        judgment, which are as under:-



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                                “41. Sub-section (1) of Section 83 can be bifurcated



                                into several parts. The first part provides an insight



                                on when in point of time or at which stage the power



                                can be exercised. The second part specifies the



                                authority to whom the power to order a provisional



                                attachment is entrusted. The third part defines the



                                conditions which must be fulfilled to validate the



                                power or ordering a provisional attachment. The



                                fourth part indicates the manner in which an



                                attachment is to be levelled. The final and the fifth



                                part defines the natureof the property which can be



                                attached. Each of these special divisions which have



                                been explained above is for convenience of



                                exposition.    While      they       are   not       watertight



                                compartments, ultimately and together they aid in



                                validating an understanding of the statute. Each of



                                the above five parts is now interpreted and explained



                                below:



                                41.1. The power to order a provisional attachment is



                                entrusted during the pendency of proceedings under



                                any one of six specified provisions : Sections 62, 63,



                                64, 67, 73 or 74. In other words, it is when a



                                proceeding under any of these provisions is pending



                                that a provisional attachment can be ordered.



                                41.2. The power to order a provisional attachment



                                has     been   vested     by   the     legislature     in   the



                                Commissioner.



                                41.3. Before exercising the power, the Commissioner



                                must be “of the opinion that for the purpose of



                                protecting the interest of the government revenue, it



                                is necessary so to do”.



                                41.4. The order for attachment must be in writing.



                                41.5.    The    provisional      attachment      which       is



                                contemplated is of any property including a bank



                                account belonging to the taxable person.



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                                41.6. The manner in which a provisional attachment



                                is levied must be specified in the rules made pursuant



                                to the provisions of the statute.



                                42. Under sub-section (2) of Section 83, a provisional



                                attachment ceases to have effect upon the expiry of a



                                period of one year of the order being passed under



                                sub-section (1). The power to levy a provisional



                                attachment has been entrusted to the Commissioner



                                during the pendency of proceedings under Sections



                                62, 63, 64, 67, 73 or as the case may be, Section 74.



                                Section 62 contains provisions for assessment for



                                non-filing of returns. Section 63 provides for



                                assessment of unregistered persons. Section 64



                                contains provisions for summary assessment. Section



                                67 elucidates provisions for inspection, search and



                                seizure.



                                49. Now in this backdrop, it becomes necessary to



                                emphasise that before the Commissioner can levy a



                                provisional attachment, there must be a formation of



                                “the opinion” and that it is necessary “so to do” for



                                the purpose of protecting the interest of the



                                government revenue. The power to levy a provisional



                                attachment is draconian in nature. By the exercise of



                                the power, a property belonging to the taxable person



                                may be attached, including a bank account. The



                                attachment is provisional and the statute has



                                contemplated an attachment during the pendency of



                                the proceedings under the stipulated statutory



                                provisions noticed earlier. An attachment which is



                                contemplated in Section 83 is, in other words, at a



                                stage which is anterior to the finalisation of an



                                assessment or the raising of a demand. Conscious as



                                the legislature was of the draconian nature of the



                                power and the serious consequences which emanate



                                from the attachment of any property including a bank



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                                account of the taxable person, it conditioned the



                                exercise of the power by employing specific statutory



                                language which conditions the exercise of the power.



                                The language of the statute indicates first, the



                                necessity of the formation of opinion by the



                                Commissioner; second, the formation of opinion



                                before ordering a provisional attachment; third the



                                existence of opinion that it is necessary so to do for



                                the purpose of protecting the interest of the



                                government revenue; fourth, the issuance of an order



                                in writing for the attachment of any property of the



                                taxable person; and fifth, the observance by the



                                Commissioner of the provisions contained in the



                                rules in regard to the manner of attachment. Each of



                                these components of the statute are integral to a valid



                                exercise of power. In other words, when the exercise



                                of the power is challenged, the validity of its exercise



                                will depend on a strict and punctilious observance of



                                the statutory preconditions by the Commissioner.



                                While conditioning the exercise of the power on the



                                formation of an opinion by the Commissioner that



                                “for the purpose of protecting the interest of the



                                government revenue, it is necessary so to do”, it is



                                evident that the statute has not left the formation of



                                opinion to an unguided subjective discretion of the



                                Commissioner. The formation of the opinion must



                                bear a proximate and live nexus to the purpose of



                                protecting the interest of the government revenue.



                                50. By utilising the expression “it is necessary so to



                                do” the legislature has evinced an intent that an



                                attachment is authorised not merely because it is



                                expedient to do so (or profitable or practicable for the



                                Revenue to do so) but because it is necessary to do



                                so in order to protect interest of the government



                                revenue. Necessity postulates that the interest of the



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                                Revenue can be protected only by a provisional



                                attachment without which the interest of the Revenue



                                would stand defeated. Necessity in other words



                                postulates a more stringent requirement than a mere



                                expediency. A provisional attachment under Section



                                83 is contemplated during the pendency of certain



                                proceedings, meaning thereby that a final demand or



                                liability is yet to be crystallised. An anticipatory



                                attachment of this nature must strictly conform to the



                                requirements, both substantive and procedural,



                                embodied in the statute and the rules. The exercise of



                                unguided discretion cannot be permissible because it



                                will leave citizens and their legitimate business



                                activities to the peril of arbitrary power. Each of



                                these ingredients must be strictly applied before a



                                provisional attachment on the property of an assessee



                                can be levied. The Commissioner must be alive to the



                                fact that such provisions are not intended to authorise



                                Commissioners to make pre-emptive strikes on the



                                property of the assessee, merely because property is



                                available for being attached. There must be a valid



                                formation    of the    opinion that    a provisional



                                attachment is necessary for the purpose of protecting



                                the interest of the government revenue.”







                    35. In the case of Boxster Impex Pvt. Ltd. (supra), the







        Hon’ble Bombay High Court was dealing with a writ petition in







        which the grievance of the petitioner was over a letter dated







        March 1, 2019, issued by office of the Principal Commissioner of







        Customs (P) to the Branch Manager, IDFC First Bank, Mumbai.







        Paragraph ‘27’ of the judgment contains the facts, which are as







        under:-



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                                “27. We take up the first grievance for consideration



                                at the outset. Ex. A to the writ petition is a letter



                                dated March 1, 2019 issued from the office of the



                                Principal Commissioner of Customs (P) to the



                                Branch Manager, IDFC Bank, Mumbai, stating that



                                office of the Principal Commissioner of Customs was



                                investigating a case of misuse of export documents to



                                claim inadmissible dues, drawback and IGST refund



                                by M/s. Dunox Trading and Export Private Limited.



                                Reference was made to the current account of the



                                petitioner in the said bank. While the branch manager



                                was called upon to provide certain details of the bank



                                account he was also requested not to allow any



                                withdrawal from the said account and operation of



                                locker without prior permission. This is the only



                                document on record on the basis of which the bank



                                account of the petitioner has been effectively frozen.



                                In the affidavit-in-reply filed on behalf of respondent



                                No. 1 the only statement made in respect of freezing



                                of the bank account is in paragraph 26 wherein it is



                                stated that unfreezing the frozen bank account would



                                cause huge loss to the Department.”







                    36. The Hon’ble Bombay High Court found that sub-







        section (5) was inserted in Section 110 by the Finance (No.2) Act







        No. 2019 with effect from August 1, 2019. Thus, the respondent







        authority could not have invoked sub-section (5) of Section 110







        while issuing the letter in question on March 1, 2019 for freezing







        of the bank account of the petitioner. In paragraph ‘31’ and ‘32’ of







        the judgment in the case of Boxster Impex Pvt. Ltd. (supra), the







        Hon’ble Bombay High Court has held as under:-



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                                “31. Even otherwise, we find that the above



                                provision can only be invoked in the manner



                                provided therein which can be culled out as under :



                                (i) The order of attaching the bank account



                                provisionally shall be passed in writing by a proper



                                officer ;



                                (ii) Such an order can be passed during any



                                proceedings under the Customs Act ;



                                (iii) Before passing such an order the proper officer



                                must form an opinion that such attachment of bank



                                account is necessary for the purposes of protecting



                                the interest of revenue or for preventing smuggling ;



                                (iv) Before passing such an order the proper officer



                                must obtain prior approval of the Principal



                                Commissioner of Customs or of Commissioner of



                                Customs ; and



                                (v) Such provisional attachment shall be for a period



                                not exceeding six months.



                                32. As per the proviso the Principal Commissioner



                                of Customs or Commissioner of Customs can extend



                                such provisional attachment for a further period not



                                exceeding six months ; but he must record reasons



                                for such extension and such extension of period has



                                to be informed to the person whose bank account is



                                provisionally attached before expiry of the period so



                                specified.”







                    37. In case of Chokshi Arvind Jewellers (supra), the







        Hon’ble Bombay High Court has discussed sub-section (5) of







        Section 110 of the Customs Act in paragraph ‘36’ to ‘42’ as







        under:-







                                “36. On a bare perusal of the provisions of section



                                110(5) of the Act, it can be seen that a bank account



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                                can be provisionally attached if the proper officer



                                forms an opinion that, for the purpose of protecting



                                the interest of revenue or preventing smuggling, it is



                                necessary so to do. Further, an order directing



                                provisional attachment of the bank account has to be



                                in writing. It is thus, clear that the proper officer has



                                to form to an opinion that it is necessary to



                                provisionally attach the bank accounts for the



                                purpose of protecting the interest of revenue or



                                preventing smuggling. The key word in the sub-



                                section is “necessary”.The proper officer must form



                                an opinion that it is necessary to provisionally attach



                                the bank account for the aforesaid reasons and not



                                only expedient to do so. Moreover, the necessity has



                                to be for the purpose of protecting the interest of



                                revenue or preventing smuggling and not for any



                                other purpose.



                                37. Further, this opinion has to be formed based on



                                tangible material available with the proper officer.



                                38. Further, the order in writing directing provisional



                                attachment of the bank accounts must reflect as to



                                why the proper officer is of the opinion that it is



                                necessary to provisionally attach the bank account



                                for the purpose of protecting the interest of revenue



                                or preventing smuggling. These reasons must be set



                                out in the order in writing. Further, the said order in



                                writing must also disclose the tangible material on



                                the basis of which the proper officer has formed



                                such an opinion.



                                39. The power exercised by the proper officer in



                                directing provisional attachment of the bank account



                                of a person is quite drastic or coercive in nature



                                resulting in attracting civil consequences. If a bank



                                account of a person is attached, it would certainly



                                cause   severe     prejudice   to that    person. The



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                                Legislature, whilst enacting the provisions of section



                                110(5) of the Act was conscious of the severity of



                                such power and the serious consequences which



                                would emanate from the provisional attachment of



                                any property, including a bank account, of a taxable



                                person, and, therefore, it conditioned the exercise of



                                the power by employing specific statutory language



                                of an approval to be sought by the proper officer



                                from the Principal Commissioner or Commissioner,



                                who is a high ranking officer. Thus, such power is



                                not left to the ipse dixit of the proper officer and any



                                such decision is required to undergo a rigorous



                                scrutiny of the Principal Commissioner or the



                                Commissioner. Each of these components of section



                                110(5) are integral to a valid exercise of power. In



                                other words, when the exercise of power is



                                challenged, the validity of its exercise will depend



                                on a strict and punctilious observance of the



                                statutory     pre-conditions           by    the   Principal



                                Commissioner          of    the   Commissioner.       While



                                conditioning the exercise of power on the formation



                                of      an       opinion          of        the    Principal



                                Commissioner/Commissioner that, “for the purpose



                                of protecting the interest of revenue or preventing



                                smuggling it is necessary so to do”,it is evident that



                                the statute has not left formation of the opinion to an



                                unguided subjective discretion of the proper officer



                                or     for          that     matter         the    Principal



                                Commissioner/Commissioner. The formation of the



                                opinion must bear a proximate and live nexus to the



                                purpose of protecting the interest of Government



                                Revenue and/or preventing smuggling.



                                40.   Further,       such   provisional       attachment   is



                                contemplated during the pendency of certain



                                proceedings, meaning thereby that a final demand or



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                                liability is yet to be crystallised. Therefore, an



                                anticipatory attachment of this nature must strictly



                                conform to the requirements, both substantive and



                                procedural, embodied in the statute. The exercise of



                                unguided discretion would not be permissible



                                because it would leave persons and their legitimate



                                business activities to the peril of arbitrary power.



                                41. Each of the ingredients of section 110(5) must be



                                strictly complied with before the provisional



                                attachment on the property of an assessee can be



                                levied. The proper officer must be alive to the fact



                                that such provisions are not intended to make



                                preemptive strikes on the property of the assessee,



                                merely because such property is available for being



                                attached.



                                42. Further, considering the drastic nature of this



                                power, in our view, such an order in writing



                                directing provisional attachment should be served



                                not only on the bank but also on the bank account



                                holder, as, in the absence of such an order in writing



                                being served on the bank account holder, it will be at



                                a great disadvantage if he deems fit to challenge



                                such a provisional attachment.”







                    38. From the above-mentioned judgments, it is evident







        that the provisional attachment orders may be issued only if the







        conditions mentioned under sub-section (5) of Section 110 of the







        Customs Act are fully complied with. In this case, the respondents







        are on record saying that the orders issued in the month of October







        2025 and the order issued on 07.01.2026, both are provisional







        attachment orders operating on different bank accounts of the



Patna High Court CWJC No.2517 of 2026 dt.11-09-2026



                                          34/40



















        petitioner and both were issued in continuation of the ongoing







        investigation after satisfaction under Section 110(5) of the







        Customs Act. So far as the provisional attachment orders dated







        07.01.2026 are concerned, those have been issued after obtaining







        approval of the Commissioner but the petitioner has shown from







        the pleadings that the orders issued to the respondent banks to put







        a freeze on the account of the petitioners maintained with (i)







        ICICI Bank Account No. 16690500167, (ii) ICICI Bank Account







        No. 166905000336), (iii) RBL Bank Account No. 409000538920,







        (iv) IDFC First Bank Account No. 10110595384 and (v) Kotak







        Mahindra Bank Account No. 2912039178 were put on “debit







        freeze” in the month of October 2025 itself. As regards two







        accounts i.e. (i) ICICI Bank Account No. 16690500167 and (ii)







        Kotak Mahindra Bank Account No. 4780063350136434, the







        learned ASG has admitted that even the provisional attachment







        orders were issued without approval of the same by the







        Commissioner. Thus, this Court would, therefore quash and cancel







        the provisional attachment orders which were issued without







        obtaining approval of the Commissioner and the subsequent







        extension of those orders. Those are hereby quashed.







                    39. As regards the (i) ICICI Bank Account No.







        16690500336, (ii) RBL Bank Account No. 409000538920 and



Patna High Court CWJC No.2517 of 2026 dt.11-09-2026



                                          35/40



















        (iii) IDFC First Bank Account No. 10110595384, it is stated that







        these accounts were put on debit freeze in October, 2025. The







        respondents have not denied this fact but they have stated in the







        supplementary counter affidavit that the petitioner has deliberately







        misconstrued the fact of debit freeze and provisional attachments.







        It is the respondents’ clarification that the orders issued in the







        month of October 2025 and the order issued on 07.01.2026 both







        are provisional attachment orders. If it is so, it was incumbent







        upon the respondents to place on record to say in positive words







        that the orders issued in the month of October 2025 had the







        approval of the Commissioner. No such statement has been made







        by the respondents. Save and except to say that the order issued in







        the month of October 2025 and the order issued on 07.01.2026,







        both are provisional attachment orders, the respondents have not







        stated a single word that the orders issued in the month of October







        2025 were in writing, containing the reasons and had the approval







        of the competent authority. This Court is, therefore, of the







        considered opinion that the direction of the respondent to the bank







        to put debit freeze on these accounts in the month of October 2025







        were not in accordance with sub-section (5) of Section 110 of the







        Customs Act, 1962.



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                                              36/40



















                     40. Having said so, a question would arise for







        consideration as to whether the order of provisional attachment







        issued on 07.01.2026 would be liable to be quashed and cancelled







        on this ground alone. We have perused the provisional attachment







        order dated 07.01.2026 and 20.11.2025. The orders of provisional







        attachment passed on 07.01.2026 reads as under:-







              (Since all other provisional attachment orders are identical, therefore,







        we are not reproducing all the provisional attachment orders.)







                     “                          Hkkjr ljdkj



                                      lhek “kqYd ¼fuokj.k½ vk;qDrky;



                             iape eafty] dsUnzh;jktLoHkou] ohjpaniVsyiFk] iVuk&800001



          nwjHkk’k&lg&nqjfp=d0612-2504998:; email-cuspatna@nic.in, cushqrprev-patna@gov.in



                                                                                       07-01-2026



         To



         The Branch Manager,



         ICIC Bank,



         Patna Branch, Patna.



                      Sub: - Provisional attachment of the Bank accounts of entities.



         Sir/Madam,



                 1. This office is investigating case of the fraudulent export from



         various Land Customs Station (LCS) under this jurisdiction of this Customs



         Commissionerate. Prima facie the investigation has shown that these



         fraudulent exporters have got refund amount in their bank account on the



         basis of fraudulent export. Hence in the interest of revenue these bank



         accounts need to be provisionally attached as per section 110 of the Customs



         Act, 1962, as follows.



                 Section 110. Seizure of goods, documents and things



                 (5) Where the proper officer, during any proceedings under the Act,



         is of the opinion that for the purposes of protecting the interest of revenue or



         preventing smuggling, it is necessary so to do, he may, with the approval of



         the Principal Commissioner of Customs or Commissioner of Customs, by



         order in writing, provisionally attach any bank account for a period not



         exceeding six months:



                 PROVIDED that the Principal Commissioner of Customs or



         Commissioner of Customs may, for reasons to be recorded in writing,



         extend such period to a further period not exceeding six months and inform



         such extension of time to the person whose bank account is provisionally



         attached, before the expiry of the period so specified.



Patna High Court CWJC No.2517 of 2026 dt.11-09-2026



                                          37/40



















                 2. I, therefore, being the proper officer under the powers bestowed



         upon me by the Commissioner of Customs, order for provisional



         attachment of below mentioned account with immediate effect and till



         further orders.



                 3. Further, you are hereby requested to furnish the bank Statement



         of the accounts listed below for the period 01.04.2022 to till date, in both



         the excel & pdf format, as it is desired from you under Section 108A of



         Customs Act 1962 within a week. The provision is hereby reproduced



         below.



                 [Section 108A. Obligation to furnish information.



                 (1) Any person, being-



                 (d) a Banking company within the meaning of clause (a) of section



         45A of the Reserve Bank of India Act, 1934; or



                 Who is responsible for maintaining record of registration or



         statement of accounts or holding any other information under any of the



         Acts specified above or under any other law for the time being in force,



         which is considered relevant for the purposes of this Act, shall furnish such



         information to the proper officer in such manner as may be prescribed by



         rules made under this Act.



                 Failing which provisions of Section 108B will be invoked which



         relates to penalty for failure to furnish information return.



                 4. It is further requested, to provide the KYC Documents/Details of



         the Account/ Account Holder and introducer of the Account alongwith



         bank statement of the accounts listed below for the period 01.04.2022 to



         till date.



                 5. The Bank Account No. & IFSC details are mentioned below:-



                        Name                             Bank Account No.



         M/s Nxtify Technologies Pvt. Ltd.                 166905000336



               6. This is issued to local branch of the bank with request to co-



         ordinate with concerned branch where the above account pertains and take



         suitable measures urgently.



               7. Immediate action in the matter will be highly appreciated.







                                                                 Digitally signed by



                                                                        Arun Prasad



                                                                   Date: 07.01.2026



                                                                             15:40:13



                                                      ASSISTANT COMMISSIONER



                                                           Customs (P) Hqrs., Patna”







                    41. On perusal of the provisional attachment order







        (Annexure ‘P/1’), this Court finds that it has been passed in a







        proceeding initiated against M/s Kumar Enterprises and M/s



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                                               38/40



















        Kentil Technosoft Private Limited. The provisional attachment







        order is in writing and it contains the reasons by virtue of which







        the proper officer has formed its opinion to order for provisional







        attachments of the accounts. These provisional attachment orders







        as contained in Annexure ‘P/1’ series do not require any







        interference.







                      42. This would take us to the submission of learned







        counsel for the petitioner that on the expiry of six months’ period







        from the date of issuance of the provisional attachment order, the







        attachment order shall lose its sanctity unless it is extended before







        the expiry of the period of six months, in accordance with law.







        One of the extension order placed on the record is being







        reproduced hereunder:-







                      “                     Hkkjr ljdkj



                                      lhek “kqYd ¼fuokj.k½ vk;qDrky;



                             iape eafty] dsUnzh;jktLoHkou] ohjpaniVsyiFk] iVuk&800001



    nwjHkk’k&lg&nqjfp=d0612-2504998:; email-cuspatna@nic.in, cushqrprev-patna@gov.in











                                                                                        30-04-2026



         To,



         The Branch Manager,



         ICIC Bank,



         Patna Branch



                   Subject:- Extension of the period of Provisional attachment of



                   the Bank accounts of fraudulent exporters- reg.



                Please refer to this office letter F. No. CUS/SIIB/MISC/720/2025-



         Preventive       Section-O/o       Commissioner-Customs-Preventive-Patna



         I/3549116/2025 dated 20.11.2025 wherein the Provisional attachment of the



         Bank accounts of fraudulent exporters mentioned below was ordered.



                Now, therefore, in exercise of the power conferred to the under



         section 110(5) of Customs ACT 1962. Which states and I quote,



                Section 110. Seizure of goods, documents and things



Patna High Court CWJC No.2517 of 2026 dt.11-09-2026



                                          39/40



















                (5)where the proper officer, during any proceedings under the Act, is



         of the opinion that for the purposes of protecting the interest of revenue or



         preventing smuggling, it is necessary so to do, he may, with the approval of



         the Principal Commissioner of Customs or Commissioner of Customs, by



         order in writing, provisionally attach any bank account for a period not



         exceeding six months: PROVIDED that the Principal Commissioner of



         Customs or Commissioner of Customs may, for reasons to be recorded in



         writing, extend such period to a further period not exceeding six months and



         inform such extension of time to the person whose bank account is



         provisionally attached, before the expiry of the period so specified.



                I, being the proper officer under the powers bestowed upon me by



         the Commissioner of Customs, order for further extension of provisional



         attachment of below mentioned account after expiry of existing



         attachment period for next six months. The bank details of the exporter



         are mentioned below:-



                              Name                     Bank Account        IFSC



                                                           No.



                       Shagun Enterprise               122605001678 ICIC0001226



                  Nxtify Technologies Pvt Ltd          166905000167 ICIC0001669



         MOBASSURE TECHNO SERVICES PVT 103105001513 ICIC0001031



         LTD







                This is for immediate necessary action please.







                                               ASSISTANT COMMISSIONER



                                              Customs (Prev.) Commissionerate,



                                                         Patna



               Copy to: M/s Shagun Enterprise / M/s Nxtify Technologies pvt Ltd



         (Email: info@nxtify.com / M/s MOBASSURE TECHNO SERVICES PVT



         LTD (Email: finance@dealsnprice.com) for information and needful.”







                    43. It is evident on going through the extension order that







        prior to passing of the same, the competent authority has not given







        any opportunity of hearing to the petitioner. No notice to show cause







        was issued and in fact, in the extension order, no reason has been







        shown by the competent authority. It is because of this, during







        pendency of the writ application, the competent authority issued







        notice to the petitioner to attend a personal hearing in virtual mode



             Patna High Court CWJC No.2517 of 2026 dt.11-09-2026



                                                       40/40



















                     and hurriedly passed an order on 6th July, 2026, which has not been







                     pressed by learned ASG.







                                 44. This Court agrees with the submissions of learned







                     counsel for the petitioner that Section 110(5) of the Customs Act talks







                     about pre-decisional hearing and not post-decisional hearing. We







                     have, therefore, no doubt that the extension orders are bad in law and







                     those are liable to be set aside. Accordingly, we set aside the same.







                                 45. We would hasten to add that setting aside of the







                     extension order(s) covered under paragraph ‘38’ of this judgment







                     would not come in the way of the department in proceeding with the







                     pending adjudication and the respondents may, if so advised, proceed







                     to take steps as may be available to them under the statute to pass







                     fresh provisional attachment orders and the extension orders where







                     provisional attachment orders were issued in accordance with law.







                                 46. This writ application is allowed to the extent indicated







                     hereinabove.











                                            (Rajeev Ranjan Prasad, J)











                                               (Sunil Dutta Mishra, J)



Rishi/-



AFR/NAFR



CAV DATE                15.07.2026



Uploading Date          11.09.2026



Transmission Date



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