Muhammad Ajmal K K vs The Joint Commissioner Of ...
2023 Latest Caselaw 11242 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
             THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
         FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
                          WP(C) NO. 34904 OF 2023
PETITIONER/S:

             MUHAMMAD AJMAL K K, AGED 29 YEARS
             K.K. HOUSE, BENDICHAL, THEKKIL POST, KASARAGOD, PIN - 671541

             BY ADVS. D.SREENATH
             SIJO PATHAPARAMBIL JOSEPH
             TEENA MARY THOMAS



RESPONDENT/S:

     1       THE JOINT COMMISSIONER OF CUSTOMS, CENTRAL BOARD OF
             INDIRECT TAXES AND CUSTOMS (ERSTWHILE CENTRAL BOARD OF
             EXCISE AND CUSTOMS)
             COCHIN CUSTOMS HOUSE, INDIRA GANDHI RD, WILLINGTON
             ISLAND, KOCHI, KERALA, PIN - 682009

     2       SENIOR INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE
             INTELLIGENCE
             COCHIN ZONAL UNIT, BUILDING NO 32/641A, VYLOPILLI ROOAD, ST
             THOMAS LINE, PALLINADA, PLARAIVATTOM COCHIN ., PIN - 682025

             BY ADV S.MANU


         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.34904/2023
                                          -2-




                            JUDGMENT

Heard Mr Sreenath D learned Counsel for the petitioner

and Mr Sreelal N Warrier learned Standing Counsel for the

Customs Department.

2. The present writ petition under Article 226 of the

Constitution of India has been filed seeking the following

reliefs:

"1. To direct the 1st respondent to consider and pass orders in Exhibit P6 petition filed by the petitioner and release goods illegally confiscated by the 2nd respondent.

2. To direct the 1st respondent to consider and pass orders in Exhibit P6 petition filed by the petitioner within a time frame fixed by this Hon'ble Court.

3. To direct the respondents to release the goods confiscated provisionally under Section 110A of the Customs Act pending the order of the adjudicating officer."

3. The petitioner was apprehended when he arrived at

Cochin Airport on 07.09.2023. From the petitioner, Rs.1 lakh

cash and gold ornaments weighing 389 grams were recovered. W.P.(C) No.34904/2023

A seizure memo was prepared in Ext.P3.

3.1 Pending adjudication, the petitioner has moved an

application (Ext.P6) for the return of the gold ornaments and

Rs.1 lakh cash, which was seized from him on 07.09.2023 at

Cochin Airport.

4. Considering the submissions made, the 1st

respondent shall consider the application (Ext.P6) and pass

necessary orders in accordance with the law expeditiously,

preferably within a period of two months.

With the aforesaid direction, the present writ petition

stands disposed of.

Sd/-

DINESH KUMAR SINGH JUDGE

jjj W.P.(C) No.34904/2023

APPENDIX OF WP(C) 34904/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF TAX INVOICE NO: 5BC/24-24/00105 DATED 05.09.2023

Exhibit P2 A TRUE COPY OF FLIGHT TICKET

Exhibit P3 A TRUE COPY OF SEIZURE MEMO DATED 07.09.2023 ISSUED BY 2ND RESPONDENT

Exhibit P4 A TRUE COPY OF POLICE INTIMATION DATED 19.09.2023

Exhibit P5 A TRUE COPY OF ACCIDENT REGISTER CUM WOUND CERTIFICATE DATED 03.10.2023

Exhibit P6 A TRUE COPY OF PETITION FILED BY THE PETITIONER BEFORE 1ST RESPONDENT DATED 29.09.2023