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2026 Supreme(Ker) 526

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


Advocates Appeared:
For the Appellant : SRI.R.ANIL SHRI.SUJESH MENON V.B. SHRI.RESSIL LONAN SHRI.ANANTH KRISHNA K.S. SHRI.MAHESH BHANU S.
For the Respondent: SRI. MAHADEV M.J, CGC FOR UNION OF INDIA SRI.MANSOOR.B.H. SHRI.V. GIRISHKUMAR, SC

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

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