Lukman V.C vs The Deputy Commissioner Of Customs

Kerala High Court

Lukman V.C vs The Deputy Commissioner Of Customs on 21 May, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

             THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

         TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946

                         WP(C) NO. 8824 OF 2024

PETITIONER/S:

            LUKMAN V.C.,
            AGED 29 YEARS
            S/O. SAIDALAVI, VELLATTECHOLA, UGRAPURAM P.O., MALAPPURAM
            DISTRICT, PIN - 673639
            BY ADV K.RAKESH


RESPONDENT/S:

     1      THE DEPUTY COMMISSIONER OF CUSTOMS,
            AIR CUSTOMS, CALICUT INTERNATIONAL AIRPORT, KARIPPUR,
            MALAPPURAM DISTRICT, PIN - 673647
     2      THE SUPERINTENDANT OF CUSTOMS (AIU),
            AIR CUSTOMS, CALICUT INTERNATIONAL AIRPORT, KARIPPUR,
            MALAPPURAM DISTRICT, PIN - 673647
            BY ADV Sreelal Warriar



    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING
                                     2

WPC 8824 OF 2024




                               JUDGMENT

According to the petitioner, he was intercepted by the 2nd respondent on 1.7.2021 from the arrival hall of the Calicut International Airport and recovered gold in compound form from his body. The 2 nd respondent issued Ext.P1 summons to the petitioner as per Section 108 of the Customs Act, 1962 for production of his passport, boarding pass, air ticket etc. The 1 st respondent thereafter issued Ext.P2 order confiscating the entire gold seized from the petitioner and also imposed a penalty of Rs.50,000/-. According to the petitioner, after Ext.P2 order, the passport of the petitioner has not been released to him. Accordingly, this writ petition is filed for the following reliefs:-

"i) issue a writ of mandamus or any other appropriate writs, orders of directions directing the respondents to release the passport of the petitioner forthwith;

ii) Declare that the respondents have no authority to 3 WPC 8824 OF 2024 retain the passport of the petitioner as the enquiry is culminated in Exhibit P2 final order;

iii) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case."

2. The learned Standing Counsel for the respondents, on instructions, submits that the passport of the petitioner is not retained by the said respondents and the petitioner has omitted to collect the passport from their office and the same can be collected from the office of the 2nd respondent.

Recording the submission of the learned Standing Counsel, this writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE al/-.

WPC 8824 OF 2024 APENDIX OF WP(C) 8824/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE SUMMONS ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 1-7-2021 Exhibit P2 A TRUE COPY OF THE ORDER DATED 9-12-2022 PASSED BY THE 1ST RESPONDENT Exhibit P3 A TRUE COPY OF THE 1ST PAGE OF THE PASSPORT OF THE PETITIONER