Kerala High Court
Noujas P.K vs Superintendent Of Customs on 4 June, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
WP(C) NO. 17465 OF 2024
CRIME NO.88/2023 OF AIR INTELLIGENCE UNIT, CALICUT,
MALAPPURAM
OS NO.88 OF 2023 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE
(E&O),ERNAKULAM
PETITIONER:
NOUJAS P.K
AGED 34 YEARS, S/O MUHAMMED HAJI,
RESIDING AT KODIYANPILAKKAL HOUSE,
KUMMINIPARAMBA POST, KARIPUR,
KONDOTY, MALAPPURAM., PIN - 673 638.
BY ADVS.
ASHIK K.MOHAMED ALI
MUHAMMED RIFA P.M.
GAYATHRI ASHISH NAIR
RESPONDENTS:
1 SUPERINTENDENT OF CUSTOMS
AIR-CARGO COMPLEX UB CENTRE,
KARIPUR INTERNATIONAL AIRPORT,
KOZHIKODE-673647, (THROUGH THE SPECIAL
PROSECUTOR FOR CUSTOMS, HIGH COURT OF KERALA,
ERNAKULAM), PIN - 682 031.
2 THE REGIONAL PASSPORT OFFICER
OFFICE OF THE REGIONAL PASSPORT OFFICER,
ERANHIPALAM POST, KOZHIKODE., PIN - 673 006.
3 UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF
EXTERNAL AFFAIRS, SOUTH BLOCK, GOVERNMENT OF
INDIA, NEW DELHI., PIN - 110 001.
W.P.(C) No.17465 of 2024
:2:
4 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM., PIN - 682 031.
BY ADV
KRISHNA T C, SENIOR CENTRAL GOVERNMENT
COUNSEL, FOR R2 AND R3
SREELAL N. WARRIER, STANDING COUNSEL, FOR
R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.17465 of 2024
:3:
JUDGMENT
Dated this the 4th day of June, 2024 The petitioner, whose passport was directed to be surrendered as per Ext.P12, has approached this Court seeking the following reliefs:
(i) issue a writ of certiorari or any other appropriate writ, order or direction and thereby quash the Ext.P12 order issued by the 2nd respondent and direct the 2nd respondent to return the Passport of the petitioner, forthwith, to enable the petitioner to go abroad;
(ii) issue a writ of mandamus, any other writ or order, directing the 1st respondent to return the Mobile Phone (Samsung S23 Ultra -Green colour) to the petitioner, forthwith;
(iii) Declare that the Circular No. G.S.R 570 (E) dated 25.8.1983 issued by the Ministry of External Affairs, Government of India has no applicability for the use of Passport by the petitioner in view of the judgment of the Division Bench of this Honourable Court in Thomas Vs. Union of India [1989 (2) KLT 292];
2. The Deputy Solicitor General of India-in-Charge submits that Ext.P12 order impounding the passport was passed on the basis of a communication made by the Deputy Commissioner of Customs under Section 10(3)(h) of the Passports Act, 1967.
W.P.(C) No.17465 of 2024 :4:3. Standing Counsel representing the 1st respondent-Superintendent of Customs submits that pursuant to the summons issued by the Customs Department the petitioner has appeared before them and has given a statement. Therefore, there is no objection for releasing the passport.
4. I also find that the petitioner has been subsequently released on bail by the Sessions Court, Ernakulam as per Ext.P8 order dated 05.04.2024 in Crl.M.C No.1016 of 2024.
5. Taking into consideration the afore facts, I find that the continued impounding of passport of the petitioner is unjustifiable.
The writ petition is therefore allowed. The 2 nd respondent-Regional Passport Officer is directed to release the passport of the petitioner at the earliest.
Sd/-
N. NAGARESH JUDGE AMR W.P.(C) No.17465 of 2024 :5: APPENDIX OF WP(C) 17465/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE PASSPORT OF THE PETITIONER.
Exhibit P2 TRUE COPY OF THE ARREST MEMO DATED 18- 03-2024 SIGNED BY THE 1ST RESPONDENT.
Exhibit P3 TRUE COPY OF THE APPLICATION FOR REMAND OF THE ACCUSED DATED 18-03-2024 SUBMITTED BY THE 1ST RESPONDENT BEFORE THE COURT OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE (ECONOMIC OFFENCES), ERNAKULAM IN OS NO. 88/2022-23 OF AIR-CARGO COMPLEX, CALICUT.
Exhibit P4 TRUE COPY OF THE BAIL APPLICATION DATED 19-03-2024 BEFORE THE COURT OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE (ECONOMIC OFFENCES), ERNAKULAM IN OS NO. 88/2022-23 OF AIR- CARGO COMPLEX, CALICUT.
Exhibit P5 TRUE COPY OF THE OBJECTION DATED 22-
03-2024 SUBMITTED BY THE 1ST RESPONDENT BEFORE THE COURT OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE (ECONOMIC OFFENCES), ERNAKULAM IN OS NO. 88/2022-23 OF AIR-CARGO COMPLEX, CALICUT.
Exhibit P6 TRUE COPY OF THE ORDER DATED 26-3-2024 IN CRL.M.P NO. 1581 OF 2024 OF THE COURT OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE (ECONOMIC OFFENCES), ERNAKULAM.
W.P.(C) No.17465 of 2024 :6:Exhibit P7 TRUE COPY OF THE OBJECTION DATED 03-
04-2024 SUBMITTED BY THE 1ST RESPONDENT IN CRL.M.C NO. 1016 OF 2024 BEFORE THE HONOURABLE SESSIONS COURT, ERNAKULAM.
Exhibit P8 TRUE COPY OF THE ORDER DATED 05-04- 2024 FOR IN CRL.M.C NO. 1016 OF 2024 OF THE HONOURABLE SESSIONS COURT, ERNAKULAM.
Exhibit P9 TRUE COPY OF THE PETITION DATED 12-04- 2024 FILED BY THE PETITIONER BEFORE THE COURT OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE (ECONOMIC OFFENCES), ERNAKULAM AS CRL.M.P NO. 1972 OF 2024.
Exhibit P10 TRUE COPY OF THE ORDER DATED 27-04- 2024 IN CRL.M.P NO. 1972 OF 2024 OF THE COURT OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE (ECONOMIC OFFENCES), ERNAKULAM.
Exhibit P11 TRUE COPY OF THE LETTER DATED 24-02- 2023 ISSUED BY THE PASSENGER TO THE AUTHORITY CONCERNED.
Exhibit P12 TRUE COPY OF THE ORDER DATED 25-07- 2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.