IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

TUESDAY, THE 3^RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946 WP(C) NO. 28534 OF 2024 PETITIONER/S:

MOHAMMED ISHAQUE RAHMAN,AGED 33 YEARS SON OF ABOOBACKER SIDDEEQ, KAKKIDI PARAMBATH HOUSE, KURUMBADI, MUTTANUR P.O., VIA MANGALAM, MALAPPURAM, PIN - 676561 BY ADVS.

P.M.ZIRAJ IRFAN ZIRAJ RESPONDENT/S:

1 THE COMMISSIONER OF CUSTOMS(PREVENTIVE), 5TH FLOOR, CATHOLIC CENTRE, BROADWAY, KOCHI, ERNAKULAM, PIN - 682031

2 THE DEPUTY COMMISSIONER OF CUSTOMS, AIR CUSTOMS, CALICUT INTERNATIONAL AIRPORT, KARIPUR, PIN - 673647 BY ADV SHRI.SREELAL N.WARRIER, SR.SC, GST INTELLIGENCE ( DIRECTORATE GENERAL -DGGI)

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Petitioner has approached this Court, being aggrieved by the fact that the passport of the petitioner has been seized by the Customs Authorities in connection with certain proceedings initiated against the petitioner under the provisions of the Customs Act, 1962.

2. Learned Senior Standing Counsel appearing for the Department, on instructions, would submit that the passport of the petitioner is in the custody of the Customs Department and it has not been ‘seized’ . It is submitted that, if the petitioner requires the release of his passport, it will be open to the petitioner to approach the competent authorities, who shall release the passport of the petitioner. It is submitted that the passport of the petitioner is presently in the custody of the Superintendent, B.Batch, Air Customs, Calicut International Airport.

Having heard the learned counsel appearing for the petitioner, learned Senior Standing Counsel appearing for the Department and having regard to the submissions made by the Senior Standing Counsel appearing for the Department, this writ petition will stand disposed of directing that on the petitioner approaching the Superintendent, B.Batch, Air Customs, Calicut International Airport, the passport of the petitioner shall be released to him.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE ajt APPENDIX OF WP(C) 28534/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SEIZURE REPORT DATED

22.3.2021 PREPARED BY THE SUPERINTENDENT; AIR CUSTOMS OF CALICUT INTERNATIONAL AIRPORT Exhibit P2 . TRUE COPY OF THE NOTICE DATED 23.2.2023 ISSUED BY THE FIRST RESPONDENT