Page 72 - GSTL_ 28th May 2020_Vol 36_Part 4

518 GST LAW TIMES [ Vol. 36
(5) The officer seizing the goods, documents, books or things shall pre-
pare an inventory of such goods or documents or books or things contain-
ing, inter alia, description, quantity or unit, make, mark or model, where
applicable, and get it signed by the person from whom such goods or doc-
uments or books or things are seized.
140. Bond and security for release of seized goods. - (1) The seized
goods may be released on a provisional basis upon execution of a bond for
the value of the goods in FORM GST INS- 04 and furnishing of a security
in the form of a bank guarantee equivalent to the amount of applicable tax,
interest and penalty payable.
Explanation. - For the purposes of the rules under the provisions of this
Chapter, the - applicable tax shall include central tax and State tax or cen-
tral tax and the Union territory tax, as the case may be and the cess, if any,
payable under the Goods and Services Tax (Compensation to States) Act,
2017 (15 of 2017).
(2) In case the person to whom the goods were released provisionally fails
to produce the goods at the appointed date and place indicated by the
proper officer, the security shall be encashed and adjusted against the tax,
interest and penalty and fine, if any, payable in respect of such goods.
141. Procedure in respect of seized goods. - (1) Where the goods or
things seized are of perishable or hazardous nature, and if the taxable per-
son pays an amount equivalent to the market price of such goods or things
or the amount of tax, interest and penalty that is or may become payable by
the taxable person, whichever is lower, such goods or, as the case may be,
things shall be released forthwith, by an order in FORM GST INS-05, on
proof of payment.
(2) Where the taxable person fails to pay the amount referred to in sub-
rule (1) in respect of the said goods or things, the Commissioner may dis-
pose of such goods or things and the amount realized thereby shall be ad-
justed against the tax, interest, penalty, or any other amount payable in re-
spect of such goods or things.”
15. Considering the provisions referred to hereinabove, it is apparent
that the officer who is armed with a search warrant is authorised to search the
premises referred to in the warrant of authorisation and to seize goods, docu-
ments, articles or things, which are useful for or relevant to any proceedings un-
der the GST Acts. The provisions nowhere arm the officer, in whose favour the
authorisation is issued, to search for any person or to remain in the premises af-
ter the search is over, or to monitor what the persons residing in the premises are
doing and to reside in the premises. In fact, no provision under the Code permits
even the Investigating Officer to continuously stay inside the residential premis-
es to apprehend an accused as and when he returns home. The powers vested in
the officer armed with a search warrant are limited to searching the entire prem-
ises. Once the premises are searched, the search party would have to leave the
premises and cannot wait there indefinitely for days on end under the expecta-
tion that the person whom they are searching for may return home or may con-
tact his family members.
16. In the facts of the present case, the authorised officer was author-
ised to search only the premises. The nature of the search conducted by him is
discernible from the panchnama of the search proceedings drawn by the author-
ised officer in the presence of panchas, a copy whereof has been produced for the
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