Shabin S vs Joint Commissioner Of Customs ...
2023 Latest Caselaw 10721 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
    THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                       WP(C) NO. 13585 OF 2023
PETITIONER:

          SHABIN S.,
          AGED 23 YEARS
          S/O SHAJI, SINGAPUR PALACE, KORANI P.O, EDAKKODE,
          THIRUVANANTHAPURAM, PIN - 695 104.

          BY ADV LATHEESH SEBASTIAN


RESPONDENTS:

    1     JOINT COMMISSIONER OF CUSTOMS (PREVENTIVE),
          CATHOLIC CENTRE, BROADWAY, ERNAKULAM, PIN - 682 031.

    2     ASSISTANT COMMISSIONER OF CUSTOMS,
          CUSTOMS PREVENTIVE DIVISION, GST BHAVAN, PRESS CLUB
          ROAD, THIRUVANANTHAPURAM, PIN - 695 001.

    3     STATION HOUSE OFFICER,
          VENJARAMOODU POLICE STATION, THIRUVANANTHAPURAM,
          PIN - 695 606.

          BY ADVS.
          SHRI.SREELAL N.WARRIER, SC, GST INTELLIGENCE
          (DIRECTORATE GENERAL -DGGI)
          KAVERY S THAMPI


OTHER PRESENT:

          S. GOPINATHAN-SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13585 OF 2023
                                         2



                      DINESH KUMAR SINGH, J.
                   --------------------------------------------
                     WP(C) NO. 13585 OF 2023
                   --------------------------------------------
                 Dated this the 19th day of October, 2023

                            JUDGMENT

1. The present Writ Petition has been filed

under the Article 226 of the Constitution of India,

seeking the following prayers:-

"1. Call for the entire records relating to Ext.P1 to P4 from the respondents;

2. Quash Ext P4 order of 2nd respondent by a writ of certiorari or any other writ, order of direction;

3. Issue a writ of mandamus or any other writ, order of direction to the 2nd respondent to provisionally release vehicle bearing Reg.No.KL-16-E-5995 kept in the police station premise of the 3 rd respondent U/s 110A of the Customs Act to the petitioner as expeditiously as possible within a time limit as fixed by this Hon'ble Court;

WP(C) NO. 13585 OF 2023

4. Exempt the petitioner from producing the English translation of vernacular documents produced along with the writ petition;

5. Such other relief that this Honorable court may deem fit to render justice to the petitioner."

2. Vide Ext.P7 order in original dated

05.09.2023, following reliefs have been granted to

the petitioner:-

"1. I order release of two Jack Daniel's old No.7 brand whiskey to Shri. Aseem, S/o. Nazarudeen, Puliyarailagathu Veedu, Neellanadu.P.O, Thiruvananthapuram-695606;

2. I order absolute confiscation of one Silver Olk Vodka valued at Rs.1500/- to Shri. Aseem, S/o. Nazarudeen, Puliyarailagathu Veedu, Neellanadu. P.O, Thiruvananthapuram - 695606 seized under Section 111(d) and 111 (I) of the Customs Act, 1962;

3. I order release of the seized car bearing registration number KL 16 E 5995 to Shri. Shabin S, S/o. Shaji, Singapore Palace, Korani, Edakkode, WP(C) NO. 13585 OF 2023

Thiruvananthapuram - 695104, the owner of the car;

4. I order release of one mobile phone (Apple I-Phone-II) No. 8111834184 SIM No. 8991950912997346603U to Shri. Najam S.S, S/o. Sirajudeen, Noufiya Manzil, Ambalam Mukku, Nellanad.P.O, Vamanapuram, Thiruvananthapuram

- 695606;

5. I order release of Indian Rupees of 19,500/- and 2010 UAE Dirham equivalent to Indian Rupees 46,029/- to Shri. Najam S.S, S/o. Sirajudeen, Noufiya Manzil, Ambalam Mukku, Nellanad.P.O, Vamanapuram, Thiruvananthapuram - 695606;

6. I drop the penalty proposed under sections 115 and 112(B) of the Customs Act, 1962 on to Shri. Aseem, S/o. Nazarudeen, Puliyarailagathu Veedu, Neellanadu. P.O, Thiruvananthapuram - 695606;

7. I drop the penalty proposed under sections 112(b) and 114 on to Shri. Najam S.S, S/o. Sirajudeen, Noufiya Manzil, Ambalam Mukku, Nellanad.P.O, Vamanapuram, Thiruvananthapuram - 695606;

8. I drop the penalty proposed under section112(b) of the Customs Act, 1962 on to Shri. Shabin S, S/o. Shaji, Singapore Palace, Korani, Edakkode, WP(C) NO. 13585 OF 2023

Thiruvananthapuram - 695104."

3. In view of the reliefs granted to the

petitioner, nothing is survived in this writ petition.

Learned counsel for the petitioner however submits

that despite the aforesaid Ext.P7 order, the

petitioner's seized car has not been given to him.

are directed to give back the vehicle to the

petitioner forthwith.

5. With the aforesaid direction, the present

writ petition is disposed of.

Sd/-

DINESH KUMAR SINGH JUDGE

rpr WP(C) NO. 13585 OF 2023

APPENDIX OF WP(C) 13585/2023

PETITIONER's EXHIBITS ExhibitP1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE CAR BEARING REG.NO.KL-16-E-5995 ExhibitP2 TRUE COPY OF THE CITIZEN COPY OF THE FIR IN CRIME NO 1340/2022 OF VENJARAMOODU POLICE STATION ExhibitP3 TRUE COPY OF THE APPLICATION OF THE PETITIONER SUBMITTED BEFORE 2ND RESPONDENT DATED 02.02.2023 ExhibitP4 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 09.02.2023 BEARING NO 1/2023 ExhibitP5 TRUE COPY OF THE CRL.M.P NO 7386/2022 BEFORE JFMC-I, NEDUMANGAD DATED 25.10.2022 ExhibitP6 TRUE COPY OF THE ORDER OF THE CRL.M.P NO 7386/2022 BEFORE JFMC-I, NEDUMANGAD DATED 11.11.2022 Exhibit P7 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 05.09.2023 BEARING NO 1/2023-24 CUSTOMS/TVM

RESPONDENT'S EXHIBITS Exhibit R2(a) A true copy of the Copy of Mahazar dated 19.10.2022 drawn by the Superintendent of Customs Preventive and Narcotics Unit - I, Thiruvananthapuram Exhibt R2(b) A true copy of the seizure Mahazar dated 20.10.2022 prepared by the Superintendent of Customs, Customs Preventive and Narcotic Unit

-1 Thiruvananthapuram Exhibt R2(c) A true copy of the earlier FIR in Crime No. 1340/2022 of Venjaramoodu police station Exhibt R2(d) A true copy of the interim order dated 24.11.2022 in Crl.M.C No: 8476/2022 pending before this Hon'ble court