Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945 WP(C) NO. 13585 OF 2023 PETITIONER:
SHABIN S., AGED 23 YEARS S/O SHAJI, SINGAPUR PALACE, KORANI P.O, EDAKKODE, THIRUVANANTHAPURAM, PIN – 695 104.
BY ADV LATHEESH SEBASTIAN RESPONDENTS:
1 JOINT COMMISSIONER OF CUSTOMS (PREVENTIVE), CATHOLIC CENTRE, BROADWAY, ERNAKULAM, PIN – 682 031.
2 ASSISTANT COMMISSIONER OF CUSTOMS, CUSTOMS PREVENTIVE DIVISION, GST BHAVAN, PRESS CLUB ROAD, THIRUVANANTHAPURAM, PIN – 695 001.
3 STATION HOUSE OFFICER, VENJARAMOODU POLICE STATION, THIRUVANANTHAPURAM, PIN – 695 606.
BY ADVS.
SHRI.SREELAL N.WARRIER, SC, GST INTELLIGENCE (DIRECTORATE GENERAL -DGGI) KAVERY S THAMPI OTHER PRESENT:
S. GOPINATHAN-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13585 OF 2023 2 DINESH KUMAR SINGH, J.
-------------------------------------------- WP(C) NO. 13585 OF 2023 -------------------------------------------- Dated this the 19th day of October, 2023 J U D G M E N T 1.
The present Writ Petition has been filed under the Article 226 of the Constitution of India, seeking the following prayers:- “1. Call for the entire records relating to Ext.P1 to P4 from the respondents;
2.
Quash Ext P4 order of 2nd respondent by a writ of certiorari or any other writ, order of direction;
3.
Issue a writ of mandamus or any other writ, order of direction to the 2nd respondent to provisionally release vehicle bearing Reg.No.KL-16-E-5995 kept in the police station premise of the 3rd 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;
WP(C) NO. 13585 OF 2023 3 4.
Exempt the petitioner from producing the English
translation
of
vernacular documents produced along with the writ petition;
5.
Such other relief that this Honorable court may deem fit to render justice to the petitioner.” 2.
Vide Ext.P7 order in original dated 05.09.2023, following reliefs have been granted to the petitioner:- “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;
2. 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;
3. 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,
WP(C) NO. 13585 OF 2023 4 Thiruvananthapuram – 695104, the owner of the car;
4. 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;
5. 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;
6. 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;
7. 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;
8. 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,
WP(C) NO. 13585 OF 2023 5 Thiruvananthapuram – 695104.” 3.
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.
4.
In view thereof, respondent Nos. 1 and 2 are directed to give back the vehicle to the petitioner forthwith.
5.
With the aforesaid direction, the present writ petition is disposed of.
Sd/- DINESH KUMAR SINGH JUDGE rpr
WP(C) NO. 13585 OF 2023 6 APPENDIX OF WP(C) 13585/2023 PETITIONER’s EXHIBITS ExhibitP1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE CAR BEARING REG.NO.KL-16-E-5995 ExhibitP2 TRUE COPY OF THE CITIZEN COPY OF THE FIR IN CRIME NO 1340/2022 OF VENJARAMOODU POLICE STATION ExhibitP3 TRUE COPY OF THE APPLICATION OF THE PETITIONER SUBMITTED BEFORE 2ND RESPONDENT DATED 02.02.2023 ExhibitP4 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 09.02.2023 BEARING NO 1/2023 ExhibitP5 TRUE COPY OF THE CRL.M.P NO 7386/2022 BEFORE JFMC-I, NEDUMANGAD DATED 25.10.2022 ExhibitP6 TRUE COPY OF THE ORDER OF THE CRL.M.P NO 7386/2022 BEFORE JFMC-I, NEDUMANGAD DATED 11.11.2022 Exhibit P7 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 05.09.2023 BEARING NO 1/2023-24 CUSTOMS/TVM RESPONDENT’S EXHIBITS 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