Allowed

Shabin S., v. Joint Commissioner of Customs (Preventive)

Kerala HC19 Oct 2023WP(C)/13585/2023

Case brief

AI extract

What is this about?

The High Court of Kerala held that despite an earlier order directing the release of a seized car, the petitioner had not been handed possession. The Court directed the Joint Commissioner and Assistant Commissioner of Customs to return the vehicle KL-16-E-5995 to the petitioner immediately, disposing of the writ petition.

What did the court decide?

Respondent Nos. 1 and 2 directed to return the seized vehicle bearing Reg.No.KL-16-E-5995 to the petitioner forthwith.

Shabin S., Vs Joint Commissioner of Customs (Preventive) — Customs and Excise | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

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THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
WP(C) NO. 13585 OF 2023

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PETITIONER:

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SHABIN S.,
AGED 23 YEARS
S/O SHAJI, SINGAPUR PALACE, KORANI P.O, EDAKKODE,
THIRUVANANTHAPURAM, PIN – 695 104.

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BY ADV LATHEESH SEBASTIAN

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RESPONDENTS:

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1JOINT COMMISSIONER OF CUSTOMS (PREVENTIVE),
CATHOLIC CENTRE, BROADWAY, ERNAKULAM, PIN – 682 031.

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2 ASSISTANT COMMISSIONER OF CUSTOMS, CUSTOMS PREVENTIVE DIVISION, GST BHAVAN, PRESS CLUB ROAD, THIRUVANANTHAPURAM, PIN – 695 001.

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3 STATION HOUSE OFFICER, VENJARAMOODU POLICE STATION, THIRUVANANTHAPURAM, PIN – 695 606.

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BY ADVS.

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SHRI.SREELAL N.WARRIER, SC, GST INTELLIGENCE
(DIRECTORATE GENERAL -DGGI)
KAVERY S THAMPI

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OTHER PRESENT:

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S. GOPINATHAN-SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 13585 OF 2023

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DINESH KUMAR SINGH, J.

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-------------------------------------------- WP(C) NO. 13585 OF 2023

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--------------------------------------------

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Dated this the 19^th day of October, 2023

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J U D G M E N T

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The present Writ Petition has been filed

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under the Article 226 of the Constitution of India,

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seeking the following prayers:-

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“1. Call for the entire records relating to Ext.P1 to P4 from the respondents;

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Quash Ext P4 order of 2^nd respondent by a writ of certiorari or any other writ, order of direction;

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Issue a writ of mandamus or any other writ, order of direction to the 2^nd respondent to provisionally release vehicle bearing Reg.No.KL-16-E-5995 kept in the police station premise of the 3^rd respondent U/s 110A of the Customs Act to the petitioner as expeditiously as possible within a time limit as fixed by this Hon’ble Court;

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WP(C) NO. 13585 OF 2023

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Exempt the petitioner from producing the English translation of vernacular documents produced along with the writ petition;

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Such other relief that this Honorable court may deem fit to render justice to the petitioner.”

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Vide Ext.P7 order in original dated

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05.09.2023, following reliefs have been granted to the petitioner:-

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“1. I order release of two Jack Daniel’s old No.7 brand whiskey to Shri. Aseem, S/o. Nazarudeen, Puliyarailagathu Veedu, Neellanadu.P.O, Thiruvananthapuram–695606;

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I order absolute confiscation of one Silver Olk Vodka valued at Rs.1500/- to Shri. Aseem, S/o. Nazarudeen, Puliyarailagathu Veedu, Neellanadu. P.O, Thiruvananthapuram – 695606 seized under Section 111(d) and 111 (I) of the Customs Act, 1962;

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I order release of the seized car bearing registration number KL 16 E 5995 to Shri. Shabin S, S/o. Shaji, Singapore Palace, Korani, Edakkode,

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WP(C) NO. 13585 OF 2023

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Thiruvananthapuram – 695104, the owner of the car;

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I order release of one mobile phone (Apple I–Phone–II) No. 8111834184 SIM No. 8991950912997346603U to Shri. Najam S.S, S/o. Sirajudeen, Noufiya Manzil, Ambalam Mukku, Nellanad.P.O, Vamanapuram, Thiruvananthapuram – 695606;

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I order release of Indian Rupees of 19,500/- and 2010 UAE Dirham equivalent to Indian Rupees 46,029/- to Shri. Najam S.S, S/o. Sirajudeen, Noufiya Manzil, Ambalam Mukku, Nellanad.P.O, Vamanapuram, Thiruvananthapuram – 695606;

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I drop the penalty proposed under sections 115 and 112(B) of the Customs Act, 1962 on to Shri. Aseem, S/o. Nazarudeen, Puliyarailagathu Veedu, Neellanadu. P.O, Thiruvananthapuram – 695606;

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I drop the penalty proposed under sections 112(b) and 114 on to Shri. Najam S.S, S/o. Sirajudeen, Noufiya Manzil, Ambalam Mukku, Nellanad.P.O, Vamanapuram, Thiruvananthapuram – 695606;

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I drop the penalty proposed under section112(b) of the Customs Act, 1962 on to Shri. Shabin S, S/o. Shaji, Singapore Palace, Korani, Edakkode,

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WP(C) NO. 13585 OF 2023

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Thiruvananthapuram – 695104.”

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In view of the reliefs granted to the petitioner, nothing is survived in this writ petition. Learned counsel for the petitioner however submits that despite the aforesaid Ext.P7 order, the petitioner’s seized car has not been given to him.

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In view thereof, respondent Nos. 1 and 2 are directed to give back the vehicle to the petitioner forthwith.

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With the aforesaid direction, the present writ petition is disposed of.

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Sd/-

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DINESH KUMAR SINGH JUDGE

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rpr

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WP(C) NO. 13585 OF 2023

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APPENDIX OF WP(C) 13585/2023

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PETITIONER’s EXHIBITS

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ExhibitP1TRUE COPY OF THE REGISTRATION CERTIFICATE OF
THE CAR BEARING REG.NO.KL-16-E-5995
ExhibitP2TRUE COPY OF THE CITIZEN COPY OF THE FIR IN
CRIME NO 1340/2022 OF VENJARAMOODU POLICE
STATION
ExhibitP3TRUE COPY OF THE APPLICATION OF THE
PETITIONER SUBMITTED BEFORE 2ND RESPONDENT
DATED 02.02.2023
ExhibitP4TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT
DATED 09.02.2023 BEARING NO 1/2023
ExhibitP5TRUE COPY OF THE CRL.M.P NO 7386/2022 BEFORE
JFMC-I, NEDUMANGAD DATED 25.10.2022
ExhibitP6TRUE COPY OF THE ORDER OF THE CRL.M.P NO
7386/2022 BEFORE JFMC-I, NEDUMANGAD DATED
11.11.2022
Exhibit P7TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT
DATED 05.09.2023 BEARING NO 1/2023-24
CUSTOMS/TVM

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RESPONDENT’S EXHIBITS

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Exhibit R2(a)A true copy of the Copy of Mahazar dated
19.10.2022 drawn by the Superintendent of
Customs Preventive and Narcotics Unit - I,
Thiruvananthapuram
Exhibt R2(b)A true copy of the seizure Mahazar dated
20.10.2022 prepared by the Superintendent of
Customs, Customs Preventive and Narcotic Unit
-1 Thiruvananthapuram
Exhibt R2(c)A true copy of the earlier FIR in Crime No.
1340/2022 of Venjaramoodu police station
Exhibt R2(d)A true copy of the interim order dated
24.11.2022 in Crl.M.C No: 8476/2022 pending
before this Hon'ble court

Shabin S., v. Joint Commissioner of Customs (Preventive)

Case brief

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Shabin S., v. Joint Commissioner of Customs (Preventive)

Case brief

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