Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A.
Muhammed Ali Haji P.P., s/o. P.P. Muhammad – Appellant
Versus
Union Of India, Represented By The Secretary, Government Of India – Respondent
| Table of Content |
|---|
| 1. seizure of gold at the airport. (Para 1 , 2 , 3) |
| 2. challenges to confiscation and cross-examination rights. (Para 4 , 5) |
| 3. petitioners' attempts to adduce evidence. (Para 6 , 7) |
| 4. claims of violation of natural justice. (Para 9 , 11 , 19) |
| 5. contentions regarding cctv and witness examination. (Para 12 , 18 , 20) |
| 6. principles of natural justice in adjudication. (Para 22 , 24 , 26) |
| 7. prejudice from non-compliance with natural justice. (Para 25 , 30 , 32) |
| 8. court's final directives enhancing procedural fairness. (Para 28 , 35 , 42) |
JUDGMENT :
ZIYAD RAHMAN A.A., J.
1. In all these cases, the petitioners are the persons against whom proceedings of confiscation were initiated under the provisions of the Customs Act, in connection with the seizure of 25 kgs gold from the possession of some of the petitioners, from Thiruvananthapuram International Airport. All the petitioners are challenging the common Order-in-Original passed by the 3rd respondent in all these writ petitions, by which, the gold seized were ordered to be confiscated and the petitioners were imposed with the fine/penalty. (For the sake of convenience, W.P.(C) No. 20753/2025 is taken as the leading case and he
Failure to adhere to principles of natural justice, including denial of cross-examination and opportunity to present defense evidence, warranted quashing of confiscation order and re-evaluation of th....
The denial of cross-examination in quasi-judicial proceedings does not inherently violate natural justice, especially when alternative remedies are available.
The judgment emphasizes the importance of adhering to principles of natural justice in adjudication processes and highlights the requirement for a specific officer of Customs to issue show cause noti....
Quasi-judicial proceedings require strict adherence to principles of natural justice, including the right to cross-examine witnesses, which was violated in this case, rendering the confiscation order....
The court established that the provisions of the Customs Act do not guarantee an absolute right to cross-examine witnesses in adjudication proceedings, and the denial of such a right does not inheren....
The failure to provide cross-examination in adjudication proceedings under Section 138-B of the Customs Act violates natural justice unless a request for cross-examination was explicitly made by the ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
