Petitioner challenged summonses from Customs and Police regarding imported car. Court directed Customs to expedite proceedings, afford opportunity to defend, and continued interim stay pending final orders.
Customs to issue notice for further proceedings and expedite finalization; opportunity to object and be heard granted; interim stay continued.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN
TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931
OP.No. 16541 of 2001(T)
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PETITIONER(S):
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M. SEBASTIAN, JESSY COTTAGE, MUKKADAN, VAZHAPPALLY P.O., KOTTAYAM.
BY ADV. MR.C.P.MOHAMMED NIAS
RESPONDENT(S):
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1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, NEW DELHI.
2. THE DEPUTY COMMISSIONER OF CUSTOMS, CENTRAL INTELLIGENCE UNIT, NEW CUSTOMS HOUSE, BALLARD ESTATE, MUMBAI-400 001.
3. THE COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE, WILLINGDON ISLAND, COCHIN-682 009.
4. THE DIRECTOR, CENTRAL BUREAU OF INVESTIGATION, NEW DELHI.
5. THE INSPECTOR OF POLICE,
6. THE COMMISSIONER OF POLICE, (HAVING JURISDICTION OVER YELLOW GATE POLICE STATION), MUMBAI CITY, MUMBAI.
R1 TO R3 BY ADV. MR.P.PARAMESWARAN NAIR,ASST.SG. R4 BY ADV. MR.M.V.S.NAMBOOTHIRY,SC, C.B.I.
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 13/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP.No. 16541 of 2001(T)
ORDER ON C.M.P. NO.26241/2001 IN O.P. NO. 16541/2001
CLOSED
13/10/2009.
SD/- S.SIRI JAGAN, JUDGE
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: COPY OF THE BILL OF ENTRY DATED 27/10/1999 BEFORE THE CUSTOMS HOUSE, MUMBAI.
EXT.P2: COPY OF THE CHALLAN DATED 09/12/1999 FOR PAYMENT OF FINE/PENALTY.
EXT.P3: COPY OF THE CERTIFICATE OF REGISTRATION DATED 27/01/2000 OF VEHICLE NO.KA-03/MB-13.
EXT.P4: COPY OF THE COMMUNICATION NO.AMS/1800/2000 DATED 10/05/2000 OF THE 2ND RESPONDENT.
EXT.P5: COPY OF THE COMMUNICATION NO.CIU-GENN-18/2000 DATED 03/10/2000 FROM THE 2ND RESPONDENT.
EXT.P6: COPY OF THE COMMUNICATION NO.SD/40/2000 DATED 12/10/2000 FROM THE 3RD RESPONDENT.
EXT.P7: COPY OF THE REPRESENTATION DATED 13/10/2000 BEFORE THE 3RD RESPONDENT.
EXT.P8: COPY OF THE REPRESENTATION DATED 27/10/2000 BEFORE THE 4TH RESPONDENT.
EXT.P9: COPY OF THE REPRESENTATION BEFORE THE 1ST RESPONDENT.
EXT.P10: COPY OF THE COMMUNICATION OW .NO.3808/DSG/2001 DATED 08/05/2001 FROM THE 5TH RESPONDENT.
RESPONDENT'S EXHIBITS:
EXT.R5(a): COPY OF THE F.I.R.
EXT.R5(b): COPY OF THE PAY ORDER.
EXT.R5(c): COPY OF THE STATEMENT OF THE BANK OFFICER.
EXT.R5(d): COPY OF THE BILL OF ENTRY.
OP.No. 16541 of 2001(T)
EXT.R5(e): COPY OF THE STATEMENT. EXT.R5(f): COPY OF THE PANCHANAMA DATED 05/06/2001. EXT.R5(g): COPY OF THE SUMMONS. EXT.R5(h): COPY OF THE NON-BAILABLE ARREST WARRANT. EXT.R5(i): COPY OF THE PANHANAMA DATED 06/06/2001. EXT.R5(j): COPY OF THE STATEMENT DATED 28/05/2001.
//TRUE COPY//
P.A. TO JUDGE
rs.
S.SIRI JAGAN, J.
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O.P.No. 16541 of 2001
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Dated this the 13th day of October, 2009
J U D G M E N T
The petitioner imported a car from Dubai. According to the petitioner, he cleared the car by paying customs duty, penalty etc. and got the vehicle registered in India at Bangalore. After some time, the petitioner was served with Ext.P6 notice by the 3rd respondent directing the petitioner to report before the 2nd respondent and to surrender the subject car within two days from the date of receipt of the letter. The petitioner filed Ext.P7 objections, proceedings in respect of which are pending. While so, by Ext.P10, the Inspector of Police, Yellowgate Police Station, Mumbai, summoned the petitioner for an investigation into a criminal case in relation to the import of the car in question. The petitioner is challenging Exts.P6 and P10 in this original petition.
O.P.16541/01 2
proceedings initiated by the Customs authorities by Ext.P6. I need not express any opinion in respect of the same in so far as the proceedings pursuant to Ext.P6 are still pending finalisaiton. Accordingly, this original petition is disposed of with the following directions:
The 2nd respondent shall issue a notice to the petitioner for further proceedings pursuant to Ext.P6. The 2nd respondent shall finalise the proceedings pursuant to Ext.P6 as expeditiously as possible. The petitioner shall be given an opportunity to file detailed objections pursuant to Ext.P6. The petitioner shall also be afforded an opportunity of being heard which shall include the opportunity to adduce evidence also. Till final orders are passed pursuant to the proceedings initiated by Ext.P6 by the 2nd respondent, the interim order passed in this original petition would continue to be in force.
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Sd/S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
S.SIRI JAGAN, J.
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O.P.No. 16541 of 2001-T
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J U D G M E N T
13th October, 2009
2 issues framed by the court
Whether the petitioner is entitled to benefit of criminal acquittal in pending customs proceedings.
Whether the petitioner should be given opportunity to be heard and adduce evidence in pending customs proceedings.
2 provisions across 2 enactments
M. SEBASTIAN
THE UNION OF INDIA
THE DEPUTY COMMISSIONER OF CUSTOMS, CENTRAL INTELLIGENCE UNIT, MUMBAI
THE COMMISSIONER OF CUSTOMS, COCHIN
THE DIRECTOR, CENTRAL BUREAU OF INVESTIGATION
THE INSPECTOR OF POLICE, YELLOW GATE POLICE STATION, MUMBAI
S.SIRI JAGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
