Mohamed Jabir vs. The Commissioner Of Customs
Held
The High Court directed the respondents to release the petitioner's passport for a period of 40 days to facilitate visa renewal. This release was conditioned on the petitioner redepositing the passport immediately after the stipulated period, with respondents also at liberty to impose additional conditions.
Facts
The petitioner's passport was seized by police along with illicit gold upon his arrival from UAE, under Section 102 CrPC. With his work visa expiring soon, he sought temporary release of his passport for renewal, which Customs authorities opposed fearing he might abscond during their ongoing investigation under the Customs Act.
Key Issues
Whether the petitioner's passport, seized in connection with an alleged gold smuggling case, should be temporarily released to allow him to renew his work visa, despite concerns from Customs authorities about potential flight risk during investigation.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946 WP(C) NO. 13330 OF 2024 PETITIONER: MOHAMED JABIR, AGED 31 YEARS, S/O. MOHAMED MUSTHAFA POTTACHOLA, POTTACHOLA HOUSE, EZHUR, TIRUR P.O., MALAPPURAM, PIN – 676101 BY ADVS. ANUPAMA SUBRAMANIAN K.R.SRIPATHI RESPONDENTS: 1 THE COMMISSIONER OF CUSTOMS, OFFICE OF THE COMMISSIONER OF CENTRAL TAX AND CENTRAL EXCISE, GST BHAVAN, MANACHIRA, CALICUT, PIN - 673001 2 THE SUPERINTENDENT OF CUSTOMS, CUSTOMS PREVENTIVE DIVISION, 7TH FLOOR, MANANCHIRA ROAD, KOZHIKODE, PIN - 673001 3 THE STATION HOUSE OFFICER, KARIPPUR POLICE STATION, KARIPPUR P.O., MALAPPURAM DISTRICT, PIN – 673638 BY ADVS. SRI.SREELAL N.WARRIAR, SC SRI.SREEJITH V.S., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.13330/2024 : 2 : JUDGMENT Dated this the 5th day of April, 2024 On 16.02.2024, the petitioner herein was travelling to his native place from Ras Al Khaimah in Air India Express bearing No.IX-332. Upon arrival, the 3rd respondent intercepted
The judgment continues below.
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