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2026 Supreme(Online)(Mad) 61642
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
D.Bharatha Chakravarthy, J
Mohamed Rawther – Appellant
Versus
The Deputy Commissioner of C – Respondent
W.P(MD)No.16781 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 provisional release of seized gold jewellery in accordance with the law within a specified timeframe.
Headnote:The petitioner filed a writ petition under Art. 226 of the Constitution of India seeking a Writ of Mandamus to direct the return of seized gold jewellery weighing 119 grams, valued at approximately Rs.17,69,530/-, which was seized on allegations of non-declaration and smuggling while the petitioner was returning from Malaysia. The petitioner claimed possession of purchase bills and submitted a representation for provisional release on 09.06.2026. The primary issue was whether the respondent authorities should be directed to consider the petitioner's representation for the provisional release of the seized goods. The court observed that the Government Standing Counsel agreed to consider the request in accordance with the law. The representation of the petitioner dated 09.06.2026 shall be taken up for enquiry by the 3rd respondent and due orders in accordance with law shall be passed within a period of four weeks from the date of receipt of the copy of the order.
| Table of Content |
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| 1. facts regarding the seizure of gold jewellery and the subsequent request for provisional release. (Para 1 , 3 , 4) |
| 2. submission by the state to consider the petitioner's representation legally. (Para 2 , 5) |
| 3. direction to the authority to pass orders on the representation within four weeks. (Para 6) |
Prayer: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, to issue direction to the 3rd respondent to return the seized gold jewels, vide order O.R.No.92/2026-AIU, Trichy dated 19.05.2026 by considering petitioners representation dated 09.06.2026, this Honble Court and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.
ORDER
The present writ petition has been filed for the following relief:-
“Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, to issue direction to the 3rd respondent to return the seized gold jewels, vide order O.R.No.92/2026-AIU, Trichy dated 19.05.2026 by considering petitioners representation dated 09.06.2026, this Honble Court and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.”
2. Heard Mr.M.Sathish Kumar, learned counsel appearing for the petitioner and Mr.R.Gowrishankar, learned Government Standing Counsel, who takes notice on behalf of the respondents.
3. The case of the petitioner is that the petitioner was returning to his native place from Malaysia and while so, he was carrying gold jewellery weighing about 119 grams of 22-karat gold, valued at approximately Rs.17,69,530/-.
4. The petitioner also possesses the purchase bills for the said jewellery. While so, the jewellery was seized by the respondent on the allegation that it had not been declared by the petitioner and that the petitioner had attempted to smuggle it into India. Pending adjudication proceedings, the petitioner submitted a representation dated 09.06.2026 seeking provisional release of the seized jewellery.
5. When the matter was taken up for hearing today, the learned Government Standing Counsel appearing on behalf of the respondents would submit that the petitioner's request for provisional release would be considered in accordance with law.
6. In view thereof, this writ petition disposed of on the following terms:-
i. The representation of the petitioner dated 09.06.2026 shall be taken up for enquiry by the 3rd respondent and due orders in accordance with law shall be passed within a period of four weeks from the date of receipt of the copy of the order.
ii. No costs.
19.06.2026
Neutral Citation: No
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