Awora Ventures Pvt Ltd vs Superintendent Of Customs
2021 Latest Caselaw 1809 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

     MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942

                      WP(C).No.23234 OF 2020(D)


PETITIONER:

               AWORA VENTURES PVT LTD,
               39/744 NURANI, MYTHRI NAGAR,
               PALAKKAD, KERALA - 678 004
               REPRESENTED BY MANAGING DIRECTOR K. HAMJAD ALI,
               AGED 51 YEARS, S/O. MOITHEEN KUTTY,
               BABU NIVAS, KALOTH ONNAM MILE,
               KONDOTTY, MALAPPURAM - 673 638.

               BY ADVS.
               SRI. V. T. RAGHUNATH
               SRI. K. MOHAMMED RAFEEQ
               SRI. AMARNATH R LAL
               SRI. P. M. MATHEW
               SHRI. SANALDEV E. P

RESPONDENTS:

      1        SUPERINTENDENT OF CUSTOMS,
               CUSTOMS (PREVENTIVE) COMMISSIONERATE,
               COCHIN - 682 031.

      *ADDL. COMMISSIONER OF CUSTOMS (PREVENTIVE),
      R2     CATHOLIC CENTRE,
             BROADWAY,
             MARINE DRIVE,
             KOCHI - 682 031.

               *ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED
               18.01.2021 IN IA NO.1/2020 IN WP(C).

               R1 - SHRI. P. VIJAYAKUMAR, ASG OF INDIA
               SRI. SREELAL N. WARRIAR, CBEC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.23234 OF 2020

                                  2




                             JUDGMENT

Dated this the 18th day of January 2021

Heard both sides.

2. The petitioner company owns a Mercedes Benz

car bearing Registration No.KL.09/AR 9669. The same car

came to be seized by the respondent department presuming

the same to be owned by Hamjath Ali, the Managing

Director of the petitioner company. It was not seized in the

criminal proceedings bearing No.OR 7/2020 but only for the

adjudicatory proceedings. This is what is the contention of

the petitioner.

3. The petitioner has produced copy of memo of

appeal challenging the seizure of the subject car with a

prayer to release the same by allowing the appeal. The

learned counsel for the respondents is not disputing the fact

that the appeal is pending on the file of the Commissioner of

Customs, Kochi.

4. Thus, as the appeal is pending before the WP(C).No.23234 OF 2020

authorities of Customs Department with the same prayer as

is made in the instant petition, the petition is disposed of

with following direction. The appeal, Ext.P3 pending with

the authorities of Customs Department be decided by the

competent authority within a period of two weeks from

today after hearing the petitioner or his counsel, according

to the provisions of law. The petitioner either himself or

through his counsel to appear before the authorities of the

Custom Department on 21.01.2021 at 11.30 A.M and then

to abide by further directions of the appellate authorities for

the purpose of personal hearing.

The petition is accordingly disposed.

Sd/-

A.M.BADAR JUDGE

SPR WP(C).No.23234 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY THE REGISTRATION CERTIFICATE OF THE MERCEDES BENZ CAR BEARING REGISTRATION NO.KL09/AR 9669.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 14.10.2020 IN CMP NO.1787/2020 IN OR NO.7/2020 ON THE FILE OF ACJM (ECONOMIC OFFENCE) COURT, ERNAKULAM.

EXHIBIT P3 TRUE COPY OF THE APPEAL MEMORANDUM DATED 20/11/2020 SUBMITTED BY THE PETITIONER BEFORE THE COMMISSIONER OF CUSTOMS (PREVENTIVE).

EXHIBIT P4 TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT CARD SIGNED BY THE COMMISSIONER OF CUSTOMS.

    RESPONDENT'S/S EXHIBITS:    NIL.