ORDER

The petitioner was a passenger in Air India IX 346 from Dubai to Calicut International Airport on 01.04.2022. During the transit, the police detected 1.120 kilograms of gold from the body of the petitioner and the same was seized as per Annnxure-A seizure mahazar. Along with the gold, the passport of the petitioner was also seized by preparing Annexure-B Mahazar. Upon seizure of the aforesaid articles, the police has reported the matter to the Judicial First Class Magistrate Court- I, Manjeri in compliance of the stipulation contained under Section 102 of Cr.P.C. Later, the Superintendent of Customs submitted an application before the learned Magistrate under Section 451 of Cr.P.C which was allowed as per Annexure-D order. The petitioner has submitted this Crl.M.C seeking for a direction to the Judicial First Class Magistrate Court,-I, Manjeri to release the passport of the petitioner, which according to the petitioner is with the custody of the police.

2. Heard Sri.K.Rakesh, learned counsel appearing for the petitioner, Sri. C.S Hrithwik, learned Public Prosecutor for the State and Sri. Salish Aravind learned Standing Counsel appearing for the Customs.

3. It is pointed out that, even though the seizure was affected by the police subsequently, the passport of the petitioner was handed over to the competent officer of the Customs and the same is now pending with them for adjudication. It is pointed out that the remedy available to the petitioner is to approach the adjudicating authority under the Customs Act 1962 by invoking the powers under Section 110 A of Customs Act. On perusal of the records and the statutory provisions in this regard, I am of the view that as pointed out by the learned Standing Counsel, the remedy of the petitioner is to approach the adjudicating authority for release of the passport. Section 110 A of the Customs Act provides for provisional release of the goods pending adjudication.

In such circumstances, this Crl.M.C is disposed of granting liberty to the petitioner to submit appropriate application before the adjudicating authority under the Customs Act for the purpose of invoking the powers under Section 110 A of the Customs Act and to seek for release of the articles.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE rpk APPENDIX OF CRL.MC 3871/2022 PETITIONER ANNEXURES Annexure A A TRUE COPY OF THE SEIZURE MAHASSER PREPARED BY THE ASSISTANT SUB-INSPECTOR OF POLICE, KARIPPUR POLICE STATION DATED 2-4-2022 Annexure B TRUE COPY OF THE MAHASSER DATED 2-4-

2022 PREPARED BY THE A.S.I., KARIPPUR POLICE STATION Annexure C A TRUE COPY OF THE LETTER ISSUED BY THE

2ND RESPONDENT TO THE 5TH RESPONDENT Annexure D A TRUE COPY OF THE ORDER DATED 26-5-

2022 IN C.M.P.NO.1682/2022 OF J.F.C.M-

I, MANJERI