Walsh v Commissioners of Customs and Excise: QBD 4 Jul 2001

When the customs seized cash under the section on the suspicion that it might be the proceeds of drug trafficking, the time limit imposed by the section for the return of the money if continued retention was not authorised, was strict. They had 48 hours within which to obtain authority. Money was seized at 11:30am on a Saturday. The application was made on the Monday morning, but the case did not come on for hearing until 1.20pm. It was held that it was not sufficient to make the application within the 48 hours, the authorisation itself had to be granted. Parliament had imposed a simple rule with no provision for these difficulties.


Times 04-Jul-2001, Gazette 19-Jul-2001


Drug Trafficking Act 1994 42


England and Wales

Customs and Excise

Updated: 06 August 2022; Ref: scu.90266