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Muhammad Ajmal K K v. the Joint Commissioner of Customs, Central Board of Indirect Taxes and Customs (Erstwhile Central

Kerala HC27 Oct 2023WP(C)/34904/2023

Case brief

AI extract

What is this about?

The Court disposed of a writ petition filed seeking directions to release gold ornaments and cash seized at Cochin Airport under Section 110A of the Customs Act. The Court directed the respondent to consider the petitioner's application within two months.

What did the court decide?

Direction to the 1st respondent to consider the petitioner's application for return of seized goods and pass orders expeditiously within two months.

Muhammad Ajmal K K Vs the Joint Commissioner of 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

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FRIDAY, THE 27^TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945 WP(C) NO. 34904 OF 2023

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PETITIONER/S:

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MUHAMMAD AJMAL K K, AGED 29 YEARS K.K. HOUSE, BENDICHAL, THEKKIL POST, KASARAGOD, PIN - 671541

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BY ADVS. D.SREENATH SIJO PATHAPARAMBIL JOSEPH TEENA MARY THOMAS

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RESPONDENT/S:

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1 THE JOINT COMMISSIONER OF CUSTOMS, CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS (ERSTWHILE CENTRAL BOARD OF EXCISE AND CUSTOMS)

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COCHIN CUSTOMS HOUSE, INDIRA GANDHI RD, WILLINGTON ISLAND, KOCHI, KERALA, PIN - 682009

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2 SENIOR INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE COCHIN ZONAL UNIT, BUILDING NO 32/641A, VYLOPILLI ROOAD, ST THOMAS LINE, PALLINADA, PLARAIVATTOM COCHIN ., PIN - 682025

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BY ADV S.MANU

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.34904/2023

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-2-

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J U D G M E N T

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Heard Mr Sreenath D learned Counsel for the petitioner

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and Mr Sreelal N Warrier learned Standing Counsel for the

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Customs Department.

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The present writ petition under Article 226 of the Constitution of India has been filed seeking the following

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reliefs:

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“1. To direct the 1^st respondent to consider and pass orders in Exhibit P6 petition filed by the petitioner and release goods illegally confiscated by the 2^nd respondent. 2. To direct the 1^st respondent to consider and pass orders in Exhibit P6 petition filed by the petitioner within a time frame fixed by this Hon'ble Court.

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To direct the respondents to release the goods confiscated provisionally under Section 110A of the Customs Act pending the order of the adjudicating officer.”

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3. The petitioner was apprehended when he arrived at

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Cochin Airport on 07.09.2023. From the petitioner, Rs.1 lakh

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cash and gold ornaments weighing 389 grams were recovered.

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W.P.(C) No.34904/2023

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-3-

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A seizure memo was prepared in Ext.P3.

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3.1 Pending adjudication, the petitioner has moved an application (Ext.P6) for the return of the gold ornaments and

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Rs.1 lakh cash, which was seized from him on 07.09.2023 at

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Cochin Airport.

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Considering the submissions made, the 1^st

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respondent shall consider the application (Ext.P6) and pass necessary orders in accordance with the law expeditiously, preferably within a period of two months.

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

Sd/-

DINESH KUMAR SINGH

JUDGE

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W.P.(C) No.34904/2023

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APPENDIX OF WP(C) 34904/2023

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PETITIONER EXHIBITS

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Exhibit P1	A TRUE COPY OF TAX INVOICE NO: 5BC/24-24/00105 DATED 05.09.2023
Exhibit P2	A TRUE COPY OF FLIGHT TICKET
Exhibit P3	A TRUE COPY OF SEIZURE MEMO DATED 07.09.2023 ISSUED BY 2ND RESPONDENT
Exhibit P4	A TRUE COPY OF POLICE INTIMATION DATED 19.09.2023
Exhibit P5	A TRUE COPY OF ACCIDENT REGISTER CUM WOUND CERTIFICATE DATED 03.10.2023
Exhibit P6	A TRUE COPY OF PETITION FILED BY THE PETITIONER BEFORE 1ST RESPONDENT DATED 29.09.2023

Muhammad Ajmal K K v. the Joint Commissioner of Customs, Central Board of Indirect Taxes and Customs (Erstwhile Central

Case brief

What is this about?

What did the court decide?

Muhammad Ajmal K K v. the Joint Commissioner of Customs, Central Board of Indirect Taxes and Customs (Erstwhile Central

Case brief

What is this about?

What did the court decide?

What the court decided

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