Allowed

P.R. Rajeev, v. Commissioner of Customs, Customs (Preventive)

Kerala HC3 Oct 2023WP(C)/22514/2023

Case brief

AI extract

What is this about?

This writ petition sought direction to release seized gold items based on an order mandating furnishing of bonds and securities other than a bank guarantee, filed while the department's appeal was pending.

What did the court decide?

Direction to the 1st respondent to release the seized gold items of the petitioner on furnishing bonds and securities other than the Bank guarantee.

P.R. Rajeev, Vs Commissioner of Customs, Customs… — 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
TUESDAY, THE 3RD DAY OF OCTOBER 2023 / 11TH ASWINA, 1945

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WP(C) NO. 22514 OF 2023

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PETITIONER:

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P.R. RAJEEV,

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AGED 54 YEARS

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S/O RAMAKRISHNAN, RESIDING AT VIII/373, PERUMBILISSERY
HOUSE, VALLACHIRA P.O., THRISSUR., PIN – 680 568.

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BY ADVS.

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VIMAL VIJAY
K.JAYESH MOHANKUMAR
PUSHPARAJAN KODOTH

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VANDANA MENON

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RESPONDENTS:

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1 COMMISSIONER OF CUSTOMS, CUSTOMS (PREVENTIVE), OFFICE OF THE COMMISSIONER OF CUSTOMS (PREVENTIVE), 5TH FLOOR, CATHOLIC CENTRE, BROADWAY, COCHIN., PIN – 682 031.

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2 JOINT COMMISSIONER, CUSTOMS (PREVENTIVE), COMMISSIONERATE OFFICE OF THE COMMISSIONER OF CUSTOMS (PREVENTIVE), 5TH FLOOR, CATHOLIC CENTRE, BROADWAY, COCHIN, PIN – 682 031.

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3 ASSISTANT COMMISSIONER, CUSTOM PREVENTIVE, THRISSUR, PIN – 680 001.

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BY ADV

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J.VISHNU
SREELAL N WARRIER-STANDING COUNSEL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 22514 OF 2023

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DINESH KUMAR SINGH, J.

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

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WP(C) NO.22514 OF 2023

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

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Dated this the 3^rd 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 for direction to release the seized gold items of the petitioner in pursuance to Ext.P1 order in original dated 30.12.2022. The Department has filed the appeal against the said order on 26.05.2023 along with the application for interim relief that is filed on 15.09.2023. The Commissioner of Customs (Appeals) has rejected the application for interim relief by an order dated 27.09.2023. However, the appeal is still pending for final decision.

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Considering the said fact, the writ petition is disposed of with a direction to the 1^st respondent to release the seized gold items of the petitioner on

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WP(C) NO. 22514 OF 2023

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furnishing bonds and securities other than the Bank guarantee.

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With the aforesaid direction, the writ

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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. 22514 OF 2023

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APPENDIX OF WP(C) 22514/2023

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PETITIONER’S EXHIBITS

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Exhibit P1TRUE COPY OF THE ORDER DATED 30.12.2022
ISSUED ON 16.02.2023 BY THE 2ND RESPONDENT.

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Exhibit P2TRUE COPIES OF THE LETTERS DATED 23.02.2023
SENT BY THE PETITIONER.

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Exhibit P3TRUE COPY OF THE APPEAL DATED 26.05.2023.
Exhibit P4TRUE COPY OF THE REVIEW ORDER DATED
18.05.2023.

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Exhibit P5TRUE COPY OF THE GOLD (CONTROL) REPEAL
ACT,1990.

P.R. Rajeev, v. Commissioner of Customs, Customs (Preventive)

Case brief

What is this about?

What did the court decide?

P.R. Rajeev, v. Commissioner of Customs, Customs (Preventive)

Case brief

What is this about?

What did the court decide?

What the court decided

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