JUDGMENT :

THE HONOURABLE MR. JUSTICE GOPINATH P.

The petitioner, an Inspector of Customs is presently posted in the Customs (Preventive) Department at Kannur. Upon the allegation that while serving as Inspector of Customs at the Thiruvananthapuram International Airport, he facilitated the smuggling of gold by certain persons, Ext.P2 show cause notice was issued to the petitioner under Section 124 of the Customs Act, 1962 (hereinafter referred to as ‘the Act’), where the petitioner was called upon to show cause as to why;

“(i) The seized 4083.43 gram of foreign origin gold valued at around Rs.2,48,06,838/-(Market value) should not be confiscated under Sections 111(d), 111(i), 111(l), 111(j) and 111(m) of the Customs Act, 1962 read with Section 123 of the Customs Act, 1962;

(ii) gold totally weighing 4500 gram valued at around Rs.2.73 crore smuggled by the syndicate during the previous occasions, should not be held liable for confiscation under Sections 111(d), 111(i), 111(j), 111(l) and 111(m) of the Customs Act, 1962 read with Section 123 of the Customs Act, 1962;

(iii) penalty should not be imposed on him under Section 112(a) and 112(b) of the Customs Act, 1962.”

The petitioner has fil