Mumthaz Ishack vs Federal Bank
2022 Latest Caselaw 879 Ker

WP(C) NO. 25481 OF 2021




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                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
             THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
         FRIDAY, THE 21ST DAY OF JANUARY 2022 / 1ST MAGHA, 1943
                           WP(C) NO. 25481 OF 2021
PETITIONER/S:

            MUHAMMAD NAHAS. V.T
            AGED 26 YEARS
            S/O. HYDER ALI, VELUTHADATHU THODI HOUSE, KODUMUNDA P.O.,
            PATTAMBI, MUTHUTHALA, PALAKKAD, KERALA-679303.
            BY ADVS.
            P.R.HARIKUMAR
            ANANTHU S. HARI


RESPONDENT/S:

     1      THE ADDL. COMMISSIONER OF CUSTOMS (PREVENTIVE)
            AIR CUSTOMS, COCHIN INTERNATIONAL AIRPORT, NEDUMBASSERRY,
            COCHIN-683111.
     2      THE JOINT COMMISSIONER OF CUSTOMS,
            COCHIN INTERNATIONAL AIRPORT, NEDUMBASSERRY, COCHIN-683111.
            BY ADV SMT.PREETHA S. NAIR, SC, CENTRAL BOARD OF EXCISE AND
            CUSTOMS


OTHER PRESENT:

            SMT.PREETHA S NAIR-SC


     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
21.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25481 OF 2021




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                      BECHU KURIAN THOMAS, J.
                ========================
                       W.P.(C)No.25481 of 2021
                ------------------------------------------------
                       Dated this the 21st day of January, 2022

                                  JUDGMENT

Petitioner is the holder of Passport No. N 7634039, who

travelled from Dubai to Cochin on 7.9.2021. On his arrival at Cochin

Airport, he was intercepted by the officers of Air Customs, who found

him possessing about 391.4 grams of gold and 32 nos. of mobile

phones. Petitioner claims that he is in possession of original invoices

and further that gold were brought for the wedding of his sister. He

therefore seeks to quash the proceedings initiated as per Exts.P1 to P3

and also sought for release of the gold as well as the mobiles phones

2. A statement has been filed on behalf of respondents 1 and

2, wherein it is stated that petitioner walked through the green channel

of the airport and he was intercepted only at the exit gate. Though

initially he denied possessing any contraband, subsequently, when the

petitioner was subjected to a search, he was found to be in possession WP(C) NO. 25481 OF 2021

of dutiable/contraband goods and thereafter, when he was subjected to

detailed search, the officers found, petitioner was in possession of 32

nos. of mobile phones as well as metallic golden chain, hidden inside

the mobile phones as yellow coloured rectangular metallic sheets. The

total weight of the gold recovered from the petitioner, including the

chain and the sheets was 391.400 grams. Thereafter, on the belief that

the goods are liable for confiscation under the Customs Act, a show

cause notice was issued and that proceedings for confiscation has

already been initiated.

3. I have heard Sri.P.R.Harikumar, learned Counsel

appearing for the petitioner as well as Smt.Preetha S Nair, learned

Standing Counsel appearing for the respondents.

4. Admittedly, petitioner has been served with a show cause

notice issued under Section 124 of the Customs Act, initiating

proceedings for confiscation. The remedy of the petitioner is provided

under the Statute, especially when proceedings for confiscation are

initiated. He has to face the adjudication proceedings and seek WP(C) NO. 25481 OF 2021

appropriate remedy as provided under the Statute. The jurisdiction of

this Court for issuing direction either to consider Ext.P5 and P6

representations or for quashing the proceedings initiated as per

Exts.P1 to P3 is not warranted in the facts and circumstances of the

case. The direction to release gold articles and mobile phones also are

not justifiable, in the circumstances of this cases especially since show

cause notice has already been issued. Petitioner can workout his

remedies under the Statute itself for appropriate reliefs.

In the said circumstances, I am of the view that there is no merit

in this writ petition and the same is liable to be dismissed.

The writ petition is dismissed.

sd/

BECHU KURIAN THOMAS JUDGE jm/ WP(C) NO. 25481 OF 2021

APPENDIX OF WP(C) 25481/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SUMMONS DATED 7.9.2021. Exhibit P2 TRUE COPY OF THE SEIZURE MEMO DATED 7.9.2021. Exhibit P3 TRUE COPY OF THE ARREST MEMO DATED 7.9.2021. Exhibit P4(A) TRUE COPY OF THE BILL DATED 6.9.2021. Exhibit P4(B) TRUE COPY OF THE BILL DATED 6.9.2021. Exhibit P4(C) TRUE COPY OF THE BILL DATED 5.9.2021. Exhibit P5 TRUE COPY OF THE REPRESENTATION FILED BEFORE THE FIRST RESPONDENT BY THE PETITIONER DATED 1.11.2021.

Exhibit P6 TRUE COPY OF THE REPRESENTATION FILED BEFORE THE SECOND RESPONDENT BY THE PETITIONER DATED 1.11.2021.