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2026 Supreme(Online)(Mad) 52906
IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. Bharatha Chakravarthy, J
Mohamed Abu Suhaib – Appellant
Versus
Assistant / Deputy Commissioner of Customs – Respondent
WP(MD). No.16599 of 2026
For the Appellants/Petitioners: M. Sathish Kumar
For the Respondents: R. Gowrishankar
The Court directed the customs authorities to consider a representation for the interim return of seized gold jewels and pass a speaking order within a stipulated timeframe, ensuring due process and a hearing for the petitioner.
Headnote:The petitioner filed a Writ Petition under Art. 226 of the Constitution of India seeking a Writ of Mandamus to direct the respondents to return seized gold jewels weighing approximately 92 grams, seized on allegations of smuggling during travel from Malaysia to India. The petitioner contends possession of valid purchase receipts and seeks interim custody pending adjudication proceedings. The court examined whether the petitioner's representation for the return of seized goods should be considered during pending adjudication. The respondents submitted that the representation would be considered in accordance with law if time were granted. The writ petition is disposed of with a direction to the third respondent to consider the representation, grant a hearing, and pass final speaking orders within four weeks.
| Table of Content |
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| 1. petitioner seeking interim custody of gold jewels seized under smuggling allegations pending adjudication. (Para 1 , 2) |
| 2. requirement for authorities to consider representations and pass speaking orders in accordance with law. (Para 3 , 4) |
PRAYER :-
Writ Petition, filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent to return the seized gold jewels, vide order O.R.No.91/2026-AIU, Trichy dated 19.05.2026 by considering the petitioner's representation dated 09.06.2026.
ORDER
The Writ Petition is filed for a Mandamus directing the third respondent to return the seized gold jewels, vide order in O.R.No.91/2026-AIU, Trichy dated 19.05.2026, by considering the petitioner's representation dated 09.06.2026.
2. The case of the petitioner is that he was working in Malaysia and travelled to India. At that time, jewels comprising two gold chains, totally weighing about 92 grams of 22-karat gold and worth approximately Rs.13,68,040/- was seized from the petitioner on the allegation of smuggling. The contention of the learned counsel for the petitioner is that the petitioner was entitled to bring the said jewels and possesses the valid receipts evidencing their purchase. The adjudication proceedings are still pending. Pending such adjudication proceedings, the petitioner has made a representation seeking for interim custody of the jewels. Since the same was not considered, the petitioner is before this Court.
3. When the matter came up for hearing, the learned Senior Standing Counsel appearing on behalf of the respondents would submit that the said representation would be considered in accordance with law and orders would be passed if ample time is given.
4. In view thereof, this writ petition is disposed of on the following terms:
i. The representation of the petitioner dated 09.06.2026 shall be taken up for consideration by the third respondent;
ii. Due opportunity of hearing can also be granted to the petitioner;
iii. Final speaking orders, in accordance with law, shall be passed within a period of four weeks from the date of receipt of a web copy of this order.
iv. No costs.
18.06.2026
sji
