TIOL-DDT 332 · Wednesday, 29 March 2006 · story 5 of 5

In Rem

An action in rem is a proceeding that takes no notice of the owner of the property but determines rights in the property that are conclusive against all the world.

that the penalty of confiscation is a penalty in rem which is enforced against the goods; therefore, it is not necessary for the Customs authorities to prove that any particular person is concerned with their illicit importation or exportation. It is enough if the Department furnishes prima facie proof of the goods being smuggled stocks. - Supreme Court of India

Confiscation proceedings are Proceedings in rem – Tribunal

"Who will protect the public when the police violate the law?"

(William) Ramsey Clark

Until Tomorrow with more DDT

Have a nice Day.

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