Kerala High Court
Noujas P.K vs Superintendent Of Customs on 4 June, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
WP(C) NO. 17465 OF 2024
CRIME NO.88/2023 OF AIR INTELLIGENCE UNIT, CALICUT,
MALAPPURAM
OS NO.88 OF 2023 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE
(E&O),ERNAKULAM
PETITIONER:
NOUJAS P.K
AGED 34 YEARS, S/O MUHAMMED HAJI,
RESIDING AT KODIYANPILAKKAL HOUSE,
KUMMINIPARAMBA POST, KARIPUR,
KONDOTY, MALAPPURAM., PIN - 673 638.
BY ADVS.
ASHIK K.MOHAMED ALI
MUHAMMED RIFA P.M.
GAYATHRI ASHISH NAIR
RESPONDENTS:
1 SUPERINTENDENT OF CUSTOMS
AIR-CARGO COMPLEX UB CENTRE,
KARIPUR INTERNATIONAL AIRPORT,
KOZHIKODE-673647, (THROUGH THE SPECIAL
PROSECUTOR FOR CUSTOMS, HIGH COURT OF KERALA,
ERNAKULAM), PIN - 682 031.
2 THE REGIONAL PASSPORT OFFICER
OFFICE OF THE REGIONAL PASSPORT OFFICER,
ERANHIPALAM POST, KOZHIKODE., PIN - 673 006.
3 UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF
EXTERNAL AFFAIRS, SOUTH BLOCK, GOVERNMENT OF
INDIA, NEW DELHI., PIN - 110 001.
W.P.(C) No.17465 of 2024
:2:
4 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM., PIN - 682 031.
BY ADV
KRISHNA T C, SENIOR CENTRAL GOVERNMENT
COUNSEL, FOR R2 AND R3
SREELAL N. WARRIER, STANDING COUNSEL, FOR
R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.17465 of 2024
:3:
JUDGMENT
Dated this the 4th day of June, 2024
The petitioner, whose passport was directed to be
surrendered as per Ext.P12, has approached this Court
seeking the following reliefs:
(i) issue a writ of certiorari or any other appropriate
writ, order or direction and thereby quash the
Ext.P12 order issued by the 2nd respondent and
direct the 2nd respondent to return the Passport of
the petitioner, forthwith, to enable the petitioner to
go abroad;
(ii) issue a writ of mandamus, any other writ or
order, directing the 1st respondent to return the
Mobile Phone (Samsung S23 Ultra -Green colour)
to the petitioner, forthwith;
(iii) Declare that the Circular No. G.S.R 570 (E)
dated 25.8.1983 issued by the Ministry of External
Affairs, Government of India has no applicability for
the use of Passport by the petitioner in view of the
judgment of the Division Bench of this Honourable
Court in Thomas Vs. Union of India [1989 (2) KLT
292];
2. The Deputy Solicitor General of India-in-Charge
submits that Ext.P12 order impounding the passport was
passed on the basis of a communication made by the Deputy
Commissioner of Customs under Section 10(3)(h) of the
Passports Act, 1967.
3. Standing Counsel representing the 1st
respondent-Superintendent of Customs submits that
pursuant to the summons issued by the Customs
Department the petitioner has appeared before them and
has given a statement. Therefore, there is no objection for
releasing the passport.
4. I also find that the petitioner has been
subsequently released on bail by the Sessions Court,
Ernakulam as per Ext.P8 order dated 05.04.2024 in Crl.M.C
No.1016 of 2024.
5. Taking into consideration the afore facts, I find that
the continued impounding of passport of the petitioner is
unjustifiable.
The writ petition is therefore allowed. The 2 nd
respondent-Regional Passport Officer is directed to release
the passport of the petitioner at the earliest.
Sd/-
N. NAGARESH
JUDGE
AMR
APPENDIX OF WP(C) 17465/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE PASSPORT OF THE
PETITIONER.
Exhibit P2 TRUE COPY OF THE ARREST MEMO DATED 18-
03-2024 SIGNED BY THE 1ST RESPONDENT.
Exhibit P3 TRUE COPY OF THE APPLICATION FOR
REMAND OF THE ACCUSED DATED 18-03-2024
SUBMITTED BY THE 1ST RESPONDENT BEFORE
THE COURT OF THE ADDITIONAL CHIEF
JUDICIAL MAGISTRATE (ECONOMIC
OFFENCES), ERNAKULAM IN OS NO.
88/2022-23 OF AIR-CARGO COMPLEX,
CALICUT.
Exhibit P4 TRUE COPY OF THE BAIL APPLICATION
DATED 19-03-2024 BEFORE THE COURT OF
THE ADDITIONAL CHIEF JUDICIAL
MAGISTRATE (ECONOMIC OFFENCES),
ERNAKULAM IN OS NO. 88/2022-23 OF AIR-
CARGO COMPLEX, CALICUT.
Exhibit P5 TRUE COPY OF THE OBJECTION DATED 22-
03-2024 SUBMITTED BY THE 1ST
RESPONDENT BEFORE THE COURT OF THE
ADDITIONAL CHIEF JUDICIAL MAGISTRATE
(ECONOMIC OFFENCES), ERNAKULAM IN OS
NO. 88/2022-23 OF AIR-CARGO COMPLEX,
CALICUT.
Exhibit P6 TRUE COPY OF THE ORDER DATED 26-3-2024
IN CRL.M.P NO. 1581 OF 2024 OF THE
COURT OF THE ADDITIONAL CHIEF JUDICIAL
MAGISTRATE (ECONOMIC OFFENCES),
ERNAKULAM.
Exhibit P7 TRUE COPY OF THE OBJECTION DATED 03-
04-2024 SUBMITTED BY THE 1ST
RESPONDENT IN CRL.M.C NO. 1016 OF 2024
BEFORE THE HONOURABLE SESSIONS COURT,
ERNAKULAM.
Exhibit P8 TRUE COPY OF THE ORDER DATED 05-04-
2024 FOR IN CRL.M.C NO. 1016 OF 2024
OF THE HONOURABLE SESSIONS COURT,
ERNAKULAM.
Exhibit P9 TRUE COPY OF THE PETITION DATED 12-04-
2024 FILED BY THE PETITIONER BEFORE
THE COURT OF THE ADDITIONAL CHIEF
JUDICIAL MAGISTRATE (ECONOMIC
OFFENCES), ERNAKULAM AS CRL.M.P NO.
1972 OF 2024.
Exhibit P10 TRUE COPY OF THE ORDER DATED 27-04-
2024 IN CRL.M.P NO. 1972 OF 2024 OF
THE COURT OF THE ADDITIONAL CHIEF
JUDICIAL MAGISTRATE (ECONOMIC
OFFENCES), ERNAKULAM.
Exhibit P11 TRUE COPY OF THE LETTER DATED 24-02-
2023 ISSUED BY THE PASSENGER TO THE
AUTHORITY CONCERNED.
Exhibit P12 TRUE COPY OF THE ORDER DATED 25-07-
2023 ISSUED BY THE 2ND RESPONDENT TO
THE PETITIONER.
