The Court allowed time for the petitioner to file objections to a show-cause notice and directed that proceedings be finalized within two months after an opportunity of hearing. The writ petition was disposed of accordingly.
Time granted to file objections to show-cause notice within two weeks; proceedings to be finalized within two months.
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 P.R.RAMACHANDRA MENON
THURSDAY, THE 13TH DAY OF NOVEMBER 2014/22ND KARTHIKA, 1936
WP(C).No. 14071 of 2014 (H)
PETITIONER(S):
NABEEL ANSARI, S/O AHAMMED KOYA, NAJA HOUSE, KAKKUR P.O NANMINDA VIA KOZHIKODE DISTRICT
BY ADV. SRI.C.P.MOHAMMED NIAS
RESPONDENT(S):
1. SUPERINTENDENT OF CUSTOMS, AIR INTELLIGENCE UNIT, CALICUT AIRPORT KOZHIKODE 673647.
2. TEH COMMISSIONER OF CUSTOMS,
BY ADV. SRI.JOHN VARGHESE,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-11-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 14071 of 2014 (H)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
P.R. RAMACHANDRA MENON, J.
---------------------------------------
W.P.(C) No.14071 of 2014
Dated this the 13th day of November, 2014.
JUDGMENT
The petitioner has approached this Court with the following
prayers:
“(i) issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st and 2nd respondents to release to the petitioner forthwith, the 3 gold bars and the 8,300 US dollars seized from the petitioner on 13.01.2014 as per Exhibit P3 Mahazar;
(ii) in the alternative, issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to release the gold bar in respect of which the requisite customs duty has been paid by the petitioner as evidenced by Exhibit P2 baggage receipt;
(iii) issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to consider and dispose of Exhibit P5 letter sent by the petitioner seeking an enquiry into the incident of seizure of the 3 gold bars by the 1st respondent expeditiously, and within a time frame to be fixed by this Hon'ble Court;
(iv) allow the costs of this writ petition to the petitioner; and
(v) grant such other reliefs which this Hon'ble Court deems fit and proper to grant in the light of the facts and circumstances of the case, and in the interests of justice.”
from the part of the respondent by filing a Counter Affidavit.
W.P.(C) No.14071 of 2014
2
occasion (06.11.2014), the following order was passed:
“Learned Standing Counsel for the respondents submits that, in the course of further proceedings a showcause notice was issued to the petitioner on 09.07.2014, so as to take the proceedings to a logical conclusion.
The learned counsel for the petitioner seeks for time to get instructions as to the receipt of notice and filing of reply, if any. Post next week.”
Today, when the matter is taken up, the learned Standing Counsel produced a copy of the show-cause notice bearing No. C.No.VIII/10/1/2014-Cus.Adj. dated 09.07.2014 issued to the petitioner, along with a copy of the communication dated 10.11.2014 issued by the concerned authority, to the effect that no reply has been submitted by the petitioner, in response to the show-cause notice so far.
W.P.(C) No.14071 of 2014
3
rate, within 'two months' from the date of receipt of a copy of this judgment.
The writ petition is disposed of.
P.R. RAMACHANDRA MENON,
JUDGE
sp
2 issues framed by the court
Whether the petitioner can file a statement of objections in response to a show-cause notice within two weeks.
Whether the writ petition should be disposed of after allowing time for the respondent to proceed to a logical conclusion.
NABEEL ANSARI
SUPERINTENDENT OF CUSTOMS, AIR INTELLIGENCE UNIT, CALICUT AIRPORT KOZHIKODE
TEH COMMISSIONER OF CUSTOMS DEPARTMENT OF CUSTOMS, CALICUT
P.R. RAMACHANDRA MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
