High Court ordered release of petitioner's passport detained for smuggling gold, contingent on submitting undertaking to provide future travel details to Customs within two weeks.
Passport released subject to undertaking to provide future travel details to Customs Authorities within two weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
TUESDAY, THE 12TH DAY OF SEPTEMBER 2023 / 21ST BHADRA, 1945 WP(C) NO. 18869 OF 2023
PETITIONER/S:
IRSHAD MANCHERI,AGED 27 YEARS, S/O MOIDU KURIKKAL, R/O MANCHERI KURIKKAL HOUSE, VALLUVANGAD P.O, ATHANIPPADI, MALAPPURAM., PIN – 676521.
BY ADVS. M.A.BABY MEENAKSHY PARVATHY
RESPONDENT/S:
COMMISSIONER OF CUSTOMS (PREVENTIVE), 5TH FLOOR, CATHOLIC CENTRE, BROADWAY, COCHIN, PIN - 682031
SRI.SREELAL N WARRIER, SC FOR CUSTOMS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18869 OF 2023 .
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J U D G M E N T
The present writ petition has been filed seeking a writ of mandamus commanding the respondent to release passport No.P 6120348 of the petitioner, which was detained on 7.8.2022 as the petitioner was found in possession of smuggled gold weighing 1331.95 grams and gold bars weighing 233.84 grams through Cochin International Airport on 7.8.2022.
WP(C) NO. 18869 OF 2023 .
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period of two weeks from today. If the petitioner submits such an undertaking that he would provide details of future travels as desired by the Authorities, before the Customs authorities, the petitioner's passport will be released, subject to the conditions to be imposed by the Customs authorities.
Subject to the aforementioned direction, the writ petition would stand finally disposed of. Pending interlocutory applications, if any, in the writ petition would stand dismissed.
sd/DINESH KUMAR SINGH JUDGE
jg
WP(C) NO. 18869 OF 2023 .
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APPENDIX OF WP(C) 18869/2023
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE RELEVANT PAGES OF PASSPORT OF THE PETITIONER Exhibit P-2 TRUE COPY OF THE SUMMONS OR NO. 74/2022 DATED 03.11.2022 Exhibit P-3 TRUE COPY OF THE LETTER DATED 03.03.2023 SUBMITTED BY COUNSEL FOR THE PETITIONER Exhibit P-4 TRUE COPY OF THE JOB OFFER LETTER DATED 24.05.2023 RECEIVED BY PETITIONER FROM M/S IMKANAT STONE, UAE
1 issue framed by the court
Whether the petitioner's passport detained for possession of smuggled gold should be released on taking an undertaking to provide future travel details to Customs Authorities.
1 provisions across 1 enactments
Irshad Mancheri
Commissioner of Customs (Preventive)
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
