Mohammed Ishaque Rahman vs The Commissioner Of ...
2024 Latest Caselaw 26295 Ker

Kerala High Court

Mohammed Ishaque Rahman vs The Commissioner Of ... on 3 September, 2024

Author: P Gopinath

Bench: P Gopinath

                                                          2024:KER:66534



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE GOPINATH P.

    TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946

                        WP(C) NO. 28534 OF 2024

PETITIONER/S:

          MOHAMMED ISHAQUE RAHMAN,AGED 33 YEARS
          SON OF ABOOBACKER SIDDEEQ, KAKKIDI PARAMBATH HOUSE,
          KURUMBADI, MUTTANUR P.O., VIA MANGALAM,
           MALAPPURAM, PIN - 676561


          BY ADVS.
          P.M.ZIRAJ
          IRFAN ZIRAJ




RESPONDENT/S:

    1     THE COMMISSIONER OF CUSTOMS(PREVENTIVE),
          5TH FLOOR, CATHOLIC CENTRE, BROADWAY,
          KOCHI, ERNAKULAM, PIN - 682031

    2     THE DEPUTY COMMISSIONER OF CUSTOMS,
          AIR CUSTOMS, CALICUT INTERNATIONAL AIRPORT,
           KARIPUR, PIN - 673647


          BY ADV SHRI.SREELAL N.WARRIER, SR.SC, GST INTELLIGENCE
          ( DIRECTORATE GENERAL -DGGI)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                           2024:KER:66534
WP(C) NO. 28534 OF 2024           2



                                JUDGMENT

Petitioner has approached this Court, being aggrieved

by the fact that the passport of the petitioner has been seized by

the Customs Authorities in connection with certain proceedings

initiated against the petitioner under the provisions of the

Customs Act, 1962.

2. Learned Senior Standing Counsel appearing for

the Department, on instructions, would submit that the passport

of the petitioner is in the custody of the Customs Department

and it has not been 'seized' . It is submitted that, if the

petitioner requires the release of his passport, it will be open to

the petitioner to approach the competent authorities, who shall

release the passport of the petitioner. It is submitted that the

passport of the petitioner is presently in the custody of the

Superintendent, B.Batch, Air Customs, Calicut International

Airport.

Having heard the learned counsel appearing for the

petitioner, learned Senior Standing Counsel appearing for the

Department and having regard to the submissions made by the

Senior Standing Counsel appearing for the Department, this writ

petition will stand disposed of directing that on the petitioner 2024:KER:66534

approaching the Superintendent, B.Batch, Air Customs, Calicut

International Airport, the passport of the petitioner shall be

released to him.

The writ petition is disposed of as above.

Sd/-

GOPINATH P. JUDGE ajt 2024:KER:66534

APPENDIX OF WP(C) 28534/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SEIZURE REPORT DATED 22.3.2021 PREPARED BY THE SUPERINTENDENT; AIR CUSTOMS OF CALICUT INTERNATIONAL AIRPORT

Exhibit P2 . TRUE COPY OF THE NOTICE DATED 23.2.2023 ISSUED BY THE FIRST RESPONDENT