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2026 Supreme(Online)(Ker) 27844
IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
RASHEED HAMEED – Appellant
Versus
UNION OF INDIA – Respondent
WP(C) NO. 9231 OF 2026
For the Appellants/Petitioners: SRI.HAARIS MOOSA
For the Respondents: SMT.GAYATHRI KRISHNAN, CGC, SMT.A.K.PREETHA
Court directs expeditious disposal of pending revision petition under Customs Act Section 129DD after affording hearing.
Headnote:Under Section 125 of the Customs Act, 1962, redemption fine was permitted on confiscation of seized gold following show cause notice and order-in-original. Facts involve seizure of gold, initial confiscation modified to allow redemption on appeal (Ext.P2), later set aside for absolute confiscation. Court findings note pendency of revision under Section 129DD since 2024. Issues framed as delay in disposal of revision against absolute confiscation order. Ratio decidendi emphasizes expeditious disposal after hearing, noting prolonged pendency warrants judicial intervention. Writ petition disposed directing 1st respondent to dispose of revision petition expeditiously after hearing petitioner.
| Table of Content |
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| 1. revision petition pending since 2024, seeks expeditious disposal. (Para 2) |
| 2. directs expeditious disposal of revision after petitioner hearing. (Para 3) |
JUDGMENT
The petitioner is a noticee of a show cause notice dated 19.04.2021, which resulted in Ext.P1 order-in-original, by which, certain gold seized from the possession of the petitioner, was ordered to be confiscated. The petitioner submitted an appeal against the same, and the 1stappellate authority modi original. Ext.P2 is the order-in-appeal passed and as per the same, the petitioner was granted the option of redemption underSection 125of the Customs Act. The Department challenged the same by filing the appeal before the 1st appellate authority, which resulted in Ext.P2. As per the said order, Ext.P1 order was set aside by making it an absolute confiscation.
2. The petitioner has challenged the same by submitting a revision application under Section 129 (DD) of the Customs Act before the revisional authority, the 1st respondent herein. The grievance of the petitioner is that, even though the application was submitted in the year 2024, so far, the same has not been disposed of. This writ petition is submitted by the petitioner seeking expeditious disposal of the said application.
3. After hearing the learned counsel for the petitioner, the learned Central Government Counsel for the 1st respondent and the learned Standing Counsel for the respondents 2 to 4, I am inclined to dispose of this writ petition, taking note of the fact that this revision petition has been pending since 2024.
In such circumstances, it is ordered that the 1st respondent shall take up Ext.P3 revision petition and dispose of the same after giving the petitioner an opportunity for being heard as expeditiously as possible.
