Jose K. John vs Union Of India
2024 Latest Caselaw 6453 Ker

Kerala High Court

Jose K. John vs Union Of India on 6 March, 2024

Author: P Gopinath

Bench: P Gopinath

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
    WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
                        WP(C) NO. 28477 OF 2023
PETITIONER/S:

    1     JOSE K. JOHN,
          AGED 54 YEARS
          S/O.JOHN, KOONAMPLAKKAL HOUSE, VI/348A, PERINCHERI P.O,
          THRISSUR, PIN - 680306
    2     BIJU V.K.,
          AGED 48 YEARS
          S/O.KRISHNAN, VELLANCHERY HOUSE, PERINCHERRY P.O,
          THRISSUR, PIN - 680306
          BY ADV HAARIS MOOSA


RESPONDENT/S:

    1     UNION OF INDIA,
          REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE,
          NORTH BLOCK, NEW DELHI, PIN - 110001
    2     COMMISSIONER OF CUSTOMS (PREVENTIVE),
          5TH FLOOR, CATHOLIC CENTRE, BROADWAY,
           KOCHI, PIN - 682031
    3     SUPERINTENDENT OF CUSTOMS,
          CUSTOMS PREVENTIVE COMMISSIONERATE COCHIN, 5TH FLOOR,
          CATHOLIC CENTRE, BROADWAY, KOCHI, PIN - 682031
          BY ADV M.ALFRED LIONEL WINSTON
          SRI. S MANU - DSGI
          SRI. SREELAL N. WARRIER - SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28477 OF 2023                  2



                                   JUDGMENT

The learned counsel for the petitioners submits that the

issue raised in this writ petition is covered by the judgment of

this Court in W.P.(C.) No.5739 of 2024. This is not disputed by

the learned counsel for the respondents.

Accordingly, this writ petition is disposed of, and for the

reasons contained in the judgment of this Court in W.P.(C.)

No.5739 of 2024, the gold ornaments seized from the petitioners

shall be released to the petitioners subject to the condition that

the petitioners produce adequate security for the value of the

gold.

Sd/-

GOPINATH P. JUDGE ajt

APPENDIX OF WP(C) 28477/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ADJUDICATION ORDER DATED 14- 02-2023 IN ORDER (ORIGINAL) NO.146/2022-23 Exhibit P2 TRUE COPY OF THE LETTER DATED 06-07-2023 WRITTEN BY THE PETITIONERS TO THE COMMISSIONER OF CUSTOMS (2ND RESPONDENT) Exhibit P3 TRUE COPY OF THE ORDER DATED 03-02-2023 IN WP(C) NO.2529/2023 BY THE HON'BLE HIGH COURT OF KERALA Exhibit P4 ORDER DATED 01-03-2023 IN WP(C).2529/23 BY THE HON'BLE HIGH COURT OF KERALA. Exhibit P5 TRUE COPY OF THE ORDER DATED 10-04-2023 IN WP(C).NO.2529/2023 BY HON'BLE HIGH COURT OF KERALA