Aseem N. vs. Joint Commissioner Of Customs (Preventive)
Held
The Court held that the six-month period for detention had expired on 19.04.2023 and the Principal Commissioner had not extended it as per the proviso to Section 110(2) of the Customs Act. Therefore, the continued detention of the mobile phones was illegal, and the respondents were directed to return them within one week.
Facts
Customs officials seized the petitioner's mobile phones on 19.10.2022, alleging gold smuggling. A show cause notice was issued under Section 124 of the Customs Act, but the phones were not listed. The petitioner sought their return, arguing the statutory six-month period under Section 110(2) had lapsed without an extension.
Key Issues
Whether Customs authorities can legally continue to detain seized articles beyond the statutory six-month period under Section 110(2) of the Customs Act, 1962, if the period has not been extended by the Principal Commissioner.
Sections Cited
Section 110(1), Section 110(2), Section 110A, Section 124 (all of Customs Act, 1962)
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 10TH DAY OF AUGUST 2023 / 19TH SRAVANA, 1945 WP(C) NO. 18439 OF 2023 PETITIONER: ASEEM N., AGED 39 YEARS S/O NAZARUDHEEN, PULIYARAVILAKATHU VEEDU, NELLANAD, THIRUVANANTHAPURAM., PIN – 695606 BY ADV LATHEESH SEBASTIAN RESPONDENTS: 1 JOINT COMMISSIONER OF CUSTOMS (PREVENTIVE), CATHOLIC CENTRE, BROADWAY, ERNAKULAM – 682031. 2 ASSISTANT COMMISSIONER OF CUSTOMS, CUSTOMS PREVENTIVE DIVISION, GST BHAVAN, PRESS CLUB ROAD, THIRUVANANTHAPURAM, PIN – 695001 3 STATION HOUSE OFFICER, VENJARAMOODU POLICE STATION, THIRUVANANTHAPURAM, PIN – 695606 BY ADVS. SREELAL N. WARRIER, SC, CENTRAL BOARD OF EXCISE RAJESH. K.RAJU OTHER PRESENT: SR GP SRI GOPINATHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.18439/2023 Dated this the 10th day of August,2023 J U D G M E N T The writ petition is filed, inter alia, to direct the respondents 1 & 2 to return the petitioner’s mobile phones within a time period fixed by this Court.
The petitioner’s case is that, he is working abroad since 2008. On 19.10.2022, afte
The judgment continues below.
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