Reshmimol Raju vs The Commissioner Of Customs
2024 Latest Caselaw 13472 Ker

Kerala High Court

Reshmimol Raju vs The Commissioner Of Customs on 24 May, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
         FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
                           WP(C) NO. 18766 OF 2024
PETITIONER:

              RESHMIMOL RAJU
              AGED 26 YEARS, W/O RENJU PUTHUPPARAMBIL RAVI,
              PUTHUPPARAMBIL HOUSE, THRIKODITHANAM P O, KOTTAMURI,
              KOTTAYAM, KERALA, PIN - 686 105.

              BY ADVS.
                 T.R.VISHNU
                 V.E.ABDUL GAFOOR
                 A.MOHAMMED SAVAD
                 V.S.SHIRAZ BAVA
                 R.SHABANA
                 ANJANA C.R.
                 NAINU P.A.


RESPONDENTS:

     1        THE COMMISSIONER OF CUSTOMS,
              OFFICE OF COMMISSIONER OF CUSTOMS,
              COCHIN INTERNATIONAL AIRPORT, NEDUMBASSERY, KOCHI,
              PIN - 683 111.


     2        JOINT COMMISSIONER OF CUSTOMS,
              OFFICE OF JOINT COMMISSIONER OF CUSTOMS,
              COCHIN INTERNATIONAL AIRPORT, NEDUMBASSERY, KOCHI,
              PIN - 683 111.


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18766 OF 2024

                             : 2 :



                          JUDGMENT

According to the petitioner, she was intercepted at

the Cochin International Airport, Nedumbassery by the

respondent and gold ornaments were seized from her.

Ext.P2 is the seizure memo. Later, the petitioner was

served with Ext.P3 notice under Section 124 of the

Customs Act, 1962 requiring her to show cause as to

why the seized gold shall not be confiscated and penalty

shall not be imposed under Section 112 (a) of the Act.

The petitioner submitted Ext.P4 reply and requested the

2nd respondent for release of the seized gold on payment

of the redemption fine. The prayer of the petitioner is

for a direction to the 2nd respondent to consider and pass

orders on Ext.P4 request, within a time frame.

2. Heard the learned Counsel for the petitioner WP(C) NO. 18766 OF 2024

and the learned Standing Counsel for respondents.

In the facts and circumstances of the case and

having regard to the submissions made across the Bar,

there will be a direction to the 2 nd respondent to

consider and pass orders on Ext.P4 request of the

petitioner, as expeditiously as possible, at any rate,

within a period of one month from the date of receipt of

a copy of this judgment. It is made clear that this Court

has not expressed any view/opinion on the merits of

Ext.P4.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN

JUDGE SRJ WP(C) NO. 18766 OF 2024

APPENDIX OF WP(C) 18766/2024

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE DETENTION RECEIPT NO.

1275/2023 DATED 12/09/2023.

Exhibit P2 TRUE COPY OF THE SEIZURE MEMO DATED 12/09/2023.

Exhibit P3 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 1/2/2024.

Exhibit P4 TRUE COPY OF THE LETTER ISSUED BY THE LAWYER OF THE PETITIONER DATED 11.3.2024.