Mohammed Shad.P.P vs Commissioner Of Customs
2021 Latest Caselaw 21339 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
   FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                    WP(C) NO. 12152 OF 2021
PETITIONER :

          MOHAMMED SHAD.P.P.,
          AGED 24 YEARS,
          S/O. NIZAR ALI P.P., MANNUKAVIL HOUSE,
          KINASSERI, POOKKUNNU P.O.
          CALICUT, KERALA - 673 007.

          BY ADVS.
          MANU TOM
          BALAMURALI K.P.
          SHAJI T.M.
          HARSHA L
          K.R.JITHIN



RESPONDENTS :

    1     COMMISSIONER OF CUSTOMS,
          CUSTOMS PREVENTIVE COMMISSIONERATE,
          COCHIN, CATHOLIC CENTRE,
          BROADWAY, MARINE DRIVE,
          KOCHI, KERALA - 682 031.

    2     SHRI VIVEK V.,
          THE NAME OF R2 DELETED AND SUBSTITUTED AS
          "SUPERINTENDENT OF CUSTOMS, CUSTOMS PREVENTIVE
          COMMISSIONERATE, COCHIN, CATHOLIC CENTRE, BROADWAY,
          MARINE DRIVE, KOCHI, KERALA - 682 031"
          (AS PER ORDER DATED 29/10/2021 IN I.A.1/21 IN WP(C)
          12512/21)

          BY ADV M.S.AMAL DHARSAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12152 OF 2021
                                      2


                     BECHU KURIAN THOMAS, J.
                    -----------------------------------
                      W.P.(C) No.12152 of 2021
                    -----------------------------------
                 Dated this the 29th day of October, 2021

                                JUDGMENT

Petitioner seeks the relief of return of his passport and bank

passbook which were seized and retained by the officers under the

first respondent. Petitioner alleges that, in violation of the principles

of natural justice and without any authority, respondents have

retained the passport of the petitioner thereby denying him of an

opportunity to travel abroad.

2. Petitioner was implicated as an accused in O.R.7/2020 of

Customs Preventive Unit, Kochi for the alleged seizure of gold from a

diplomatic baggage. The allegation is that the passport and bank

passbook of the petitioner were retained by the 2 nd respondent

without any reason.

3. A counter affidavit has been filed on behalf of the

respondents wherein paragraph 12 reads as follows :-

"It is respectfully submitted that the respondents does not have any objection in releasing the passport and Bank passbook to the petitioner provided that petitioner appear before the respondent when called for and co-operate with the investigation and shall not leave the country without the knowledge of the respondents". WP(C) NO. 12152 OF 2021

4. In view of the above averments in the counter

affidavit, the learned counsel for the petitioner as well as the learned

counsel for the respondents submitted that the writ petition itself can

be disposed of recording the aforesaid submission.

5. The learned counsel for the petitioner further

submitted that even though petitioner has no objection in disposing

the writ petition by recording the averments in the counter affidavit,

still it was imperative to bring to the notice of the court the fact that

in the show cause notice issued on 16.06.2021, petitioner is neither

arrayed as a noticee nor as a witness and therefore the respondents

seems to have no intention to proceed against the petitioner.

6. Be that as it may, in view of the statement in the

counter affidavit that the respondents have no objection in releasing

the passport and the passport back to the petitioner on a condition,

I am of the view that the respective contentions raised by the parties

need not be considered.

7. Since respondents have no objection to release the

passport and bank passbook of the petitioner, the respondents shall

forthwith release the passport and Bank passport to the petitioner.

Petitioner shall, at the same time, file an undertaking that he will

appear before the respondents as and when called for and shall WP(C) NO. 12152 OF 2021

co-operate with the investigation. The undertaking shall also

mention that as and when the petitioner leaves the country,

necessary intimation of the place of residence of the petitioner shall

be intimated to the respondents. On filing of such an undertaking,

the passport and bank passbook of the petitioner shall be released to

him immediately.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE RKM WP(C) NO. 12152 OF 2021

APPENDIX OF WP(C) 12152/2021

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE REQUEST LETTER PREFERRED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 28/09/2020.