Abdul Khader Kunhamoo vs Asstt. Commr. of Cus., Thiruvananthapuram

P.R. Ramachandra Menon, J.—The issue involved in both these cases is similar. The averments raised in both the writ petitions and the exhibits marked therein are also similar in terms. The cigarettes imported by the petitioners, who are non-resident Indians, allegedly in contravention of the relevant provisions of law, came to be detained by the authorities of the Customs Department leading to Ext. P1 seizure report/Order dated 25-5-2013. Being aggrieved of Ext. P1, the petitioners have preferred Ext. P2 appeal, which is stated as pending consideration before the appellate authority. The grievance of the petitioners is that, it is without any regard to the relevant provisions of law, the authorities of the Customs have seized the passports of the petitioners, which made them to approach this Court for immediate intervention and to have the passports released.

The learned standing counsel appearing for the respondent submits that the averments and allegations raised by the petitioners W.P. (C) No. 15633 and 15729 of 2013 are far from the track of truth and that the respondent has not seized the passport. As a matter of fact pursuant to Ext. P1, when the amount due was demanded, the passports were voluntarily surrendered by the petitioners stating that petitioners would immediately return after arranging necessary fund from outside. The learned counsel for the petitioners seeks to rebut the said submission.

In view of the stand taken by the respondent that the respondent has not seized the passports, this Court does not find it necessary to deal with the issue with regard to the power and authority of the Customs to seize the passports. The Writ Petitions are disposed of, directing the respondent to return passport bearing No. K 9864040 to the petitioner in W.P. (C) No. 15633 of 2013 and the passport bearing No. Z 1970172 to the petitioner in W.P. (C) No. 15729 of 2013 forthwith, at any rate, within ''one week'' from the date of receipt of a copy of this judgment.

Ext. P2 appeal preferred by the petitioner before the appellate authority shall be considered and appropriate orders shall be passed, in accordance with law, as expeditiously as possible. W.P. (C) No. 15633 and 15729 of 2013. Petitioners shall produce a copy of this judgment along with copy of the concerned writ petition before the respondent for further steps.