2024 Supreme(Online)(Ker) 69786
IN THE HIGH COURT OF KERALA AT ERNAKULAM
RESHMIMOL RAJU – Appellant
Versus
THE COMMISSIONER OF CUSTOMS – Respondent
WP(C) 18766/2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TH FRIDAY, THE 24 DAY OF MAY 2024 / 3RD JYAISHTA, 1946 WP(C) NO. 18766 OF 2024 PETITIONER:
RESHMIMOL RAJU AGED 26 YEARS, W/O RENJU PUTHUPPARAMBIL RAVI, PUTHUPPARAMBIL HOUSE, THRIKODITHANAM P O, KOTTAMURI, KOTTAYAM, KERALA, PIN – 686 105.
BY ADVS.
T.R.VISHNU V.E.ABDUL GAFOOR A.MOHAMMED SAVAD V.S.SHIRAZ BAVA R.SHABANA ANJANA C.R.
NAINU P.A.
RESPONDENTS:
1 THE COMMISSIONER OF CUSTOMS, OFFICE OF COMMISSIONER OF CUSTOMS, COCHIN INTERNATIONAL AIRPORT, NEDUMBASSERY, KOCHI, PIN – 683 111.
2 JOINT COMMISSIONER OF CUSTOMS, OFFICE OF JOINT COMMISSIONER OF CUSTOMS, COCHIN INTERNATIONAL AIRPORT, NEDUMBASSERY, KOCHI, PIN – 683 111.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT According to the petitioner, she was intercepted at the Cochin International Airport, Nedumbassery by the respondent and gold ornaments were seized from her. Ext.P2 is the seizure memo. Later, the petitioner was served with Ext.P3 notice under Section 124 of the Customs Act, 1962 requiring her to show cause as to why the seized gold shall not be confiscated and penalty shall not be imposed under Section 112 (a) of the Act. The petitioner submitted Ext.P4 reply and requested the 2nd respondent for release of the seized gold on payment of the redemption fine. The prayer of the petitioner is for a direction to the 2nd respondent to consider and pass orders on Ext.P4 request, within a time frame.
2. Heard the learned Counsel for the petitioner and the learned Standing Counsel for respondents.
In the facts and circumstances of the case and having regard to the submissions made across the Bar, there will be a direction to the 2nd respondent to consider and pass orders on Ext.P4 request of the petitioner, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. It is made clear that this Court has not expressed any view/opinion on the merits of Ext.P4.
The writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SRJ APPENDIX OF WP(C) 18766/2024 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE DETENTION RECEIPT NO.
1275/2023 DATED 12/09/2023.
Exhibit P2 TRUE COPY OF THE SEIZURE MEMO DATED
12/09/2023.
Exhibit P3 TRUE COPY OF THE SHOW CAUSE NOTICE DATED
1/2/2024.
Exhibit P4 TRUE COPY OF THE LETTER ISSUED BY THE LAWYER OF THE PETITIONER DATED 11.3.2024.