Kerala High Court
Radhakrishnan.B vs Union Of India on 5 February, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
W.P.(C) No.23549/21 1
2025:KER:9778
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 5TH DAY OF FEBRUARY 2025 / 16TH MAGHA, 1946
WP(C) NO. 23549 OF 2021
PETITIONER:
RADHAKRISHNAN B.,
AGED 52 YEARS, S/O P.BALAKRISHNAN,
TC 6/1610, MANGALYA,
PLOT NO.44, PTP NAGAR, PTP P.O.,
THIRUVANANTHAPURAM-695 038
BY ADVS.
SRI.R.ANIL
SRI.M.SUNILKUMAR
SRI.T.ANIL KUMAR
SRI.THOMAS ABRAHAM (NILACKAPPILLIL)
SRI.MAHESH BHANU S.
ADV.S.LAKSHMI SANKAR
ADV.RESSIL LONAN
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY THE SECRETARY,
GOVERNMENT OF INDIA, MINISTRY OF FINANCE,
DEPARTMENT OF REVENUE, 6TH FLOOR,
"B" WING, JANPATH BHAVAN, JANPATH,
NEW DELHI-110 001
2 JOINT COMMISSIONER OF CUSTOMS (PREVENTIVE),
COMMISSIONER OF CUSTOMS (PREVENTIVE),
CATHOLIC CENTRE, COCHIN-682 031
3 JOINT DIRECTOR,
DIRECTORATE OF REVENUE INTELLIGENCE,
COCHIN ZONEL UNIT, PALARIVATTAM,
COCHIN-682 025
W.P.(C) No.23549/21 2
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4 SENIOR INTELLIGENCE OFFICER,
DIRECTORATE OF REVENUE INTELLIGENCE,
THIRUVANANTHAPURAM,
REPRESENTED BY SPECIAL PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, KOCHI-682 031
*5 THE COMMANDANT (DELETED)
CENTRAL INDUSTRIAL SECURITY FORCE,
INTERNATIONAL AIRPORT,
THIRUVANANTHAPURAM, PIN-695 013
*(THE 5TH RESPONDENT IS DELETED FROM THE PARTY ARRAY AS
PER ORDER DATED 22/01/2025 IN IA NO.1/2024 IN
WP(C)NO.23549/2021)
BY ADVS.
SRI.JAISHANKAR V.NAIR, CGC
SRI.R.HARISHANKAR, SC FOR R2
SRI.SREELAL N. WARRIAR, SC FOR R3 & R4
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.01.2025, THE COURT ON 05.02.2025 DELIVERED THE FOLLOWING:
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BECHU KURIAN THOMAS, J.
--------------------------------
W.P.(C) No.23549 of 2021
---------------------------------
Dated this the 5th day of February, 2025
JUDGMENT
Petitioner seeks for the following reliefs:
"(i) to issue a writ of certiorari or other appropriate writ, order or direction calling for the
records leading to Exhibit P5, and quash notice No.C.No.VIII/10/139/2019-CCP Adj.
dated 07-10-2021 and all further proceedings thereto.
(ii) to issue any appropriate writ, order or direction to cause adjudication under Section
122 A, made by any authority other than the second respondent.
(iii) To issue any appropriate writ, order or direction to the adjudicating authority to
consider and pass appropriate order, in Ext.P3 before hearing under Section 122 A of
the Customs Act."
2. Petitioner was the Superintendent of Customs at Thiruvananthapuram
International Airport. On 13.05.2019, the Directorate of Revenue Intelligence seized
25 Kg of gold from two persons on their arrival from Dubai. Pursuant to the said
seizure, petitioner was arrested and was subsequently dismissed from service. A
show cause notice was issued for confiscation of the gold under sections 111(d)
and (j) of the Customs Act, 1962 (for short the Act), apart from proposing to impose
a penalty under section 112 of the Act. In the meantime, petitioner was issued with
a notice proposing to conduct a hearing on 21.10.2021. On receipt of the said
notice of hearing, petitioner approached this Court.
3. On the date of admission, this Court observed that the adjudication
proceedings can continue pursuant to Ext.P5, but, final orders shall not be passed
without getting further orders from this Court. This writ petition has been pending
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thereafter with the said interim order being continued. In the meantime, petitioner
amended the writ petition. However, the reliefs sought for remained the same, as
extracted above.
4. A counter affidavit has been filed on behalf of the fifth respondent, stating
that he is not a necessary party and requested for deleting him from the party array.
5. I have heard Sri.R. Anil, the learned counsel for the petitioner, Sri.Sreelal
N. Warrier, the learned Standing Counsel for respondents 3 and 4 apart from
Sri.R.Harishankar, the learned Standing Counsel for the 2nd respondent.
6. The first relief sought for by the petitioner is to quash the notice of hearing,
which is produced as Ext.P5. Consequent to the interim order permitting
adjudication proceedings to continue, it was submitted across the Bar that a
hearing was conducted but final orders have not yet been passed in view of the
aforementioned order. Since petitioner was already granted an opportunity of
hearing, relief No.1 has become infructuous.
7. As regards relief No.(ii), it is evident that petitioner, though has prayed for
adjudication by any person other than the second respondent, what is actually
intended is that the officer who was holding the charge of the post of the second
respondent at that point of time should not be adjudicating the matter. Concededly
the officer who was occupying the post of second respondent at the time of filing
this writ petition has changed and against the present officer no complaints are
raised by the petitioner. In such circumstances, the second respondent being the
competent authority under the Customs Act, to adjudicate the issue, no fault can be
found against the said respondent in considering the matter. Hence relief No.2
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cannot be granted.
8. As far as relief No.(iii) is concerned, petitioner has sought for a direction to
pass orders on Ext.P3. A perusal of Ext.P3 reveals that it is the reply filed by the
petitioner to the show cause notice. The adjudication proceedings now being
continued are in furtherance of the show cause notice and the reply filed thereon.
Obviously, the Competent Authority is bound to complete the adjudication after
considering the reply filed by the petitioner, in accordance with law.
9. In view of the above, except relief No.(iii), the other reliefs cannot be
granted or that they have become infructuous.
In the result, this writ petition is disposed of directing the second respondent
to consider and pass appropriate orders on Ext.P2 show cause notice, having
regard to Ext.P3 reply filed by the petitioner, as expeditiously as possible, at any
rate, within an outer period of two months from the date of receipt of a copy of this
judgment.
Sd/-
BECHU KURIAN THOMAS
JUDGE
vps
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APPENDIX OF WP(C) 23549/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF ORDER OF THE HON'BLE ADDL
CHIEF JUDICIAL MAGISTRATE (ECONOMIC OFFENCE)
COURT, ERNAKULAM DATED 12.6.2019 IN CRL MP NO
Exhibit P2 A TRUE COPY OF THE SHOW CAUSE NOTICE NO O.R.
NO DRI/COZU/TVM/06/2019 DATED 7.11.2019
Exhibit P3 THE TRUE COPY OF THE REPLY TO THE SHOW CAUSE
NOTICE
Exhibit P4 THE TRUE COPY OF THE REPLY OF THE PETITIONER
DATED 21.9.2021 TO THE NOTICE OF PERSONAL
HEARING
Exhibit P5 TRUE COPY OF THE NOTICE OF HEARING DATED
7.10.2021
Exhibit P6 THE TRUE COPY OF THE PETITION AND THE
DOCUMENTS, ATTACHED THERETO FILED BY THE
PETITIONER, ALONG WITH SAREENA SHAJI BEFORE
THE ADJUDICATING AUTHORITY
Exhibit P7 THE TRUE COPY OF THE RECORD OF PERSONAL
HEARING DATED 15-7-2024 SIGNED BY THE
ADDITIONAL COMMISSIONER, OFFICE OF THE
COMMISSIONER OF CUSTOMS, PREVENTIVE
Exhibit P8 A TRUE COPY OF THE COMMUNICATION DATED
04-09-2024 INTIMATING THAT THE SHOW CAUSE
NOTICE NO. DRI/COZU TVM/06/2019 DATED
7-11-2019 TO CALL BOOK
