Mohammad Kaleem vs Commissioner Of Customs

SACHIN DATTA, J. (ORAL)

The petitioner invokes Article 226 of the Constitution of India, read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and prays for quashing of Complaint No. CT-1108/2021, titled as ‘Customs vs. Mohammad Kaleem’ under Section 135 of the Customs Act, 1962, pending before the learned Chief Judicial Magistrate (CJM), Patiala House Courts, New Delhi. He also seeks release of the surety/FDR furnished by him at the time of the grant of bail.

The factual conspectus is that on 14.03.2018, the petitioner arrived at Terminal-3, IGI Airport, New Delhi, from Riyadh. It is the case of the petitioner that, after collecting his checked-in baggage, he proceeded to the Red Channel and declared before the proper officer posted there that he was carrying gold weighing 816.2 grams. Upon detailed examination of his baggage and personal search, seven (07) gold bars collectively weighing 816.2 grams were recovered from the pockets of the trousers worn by him. The gold was seized, and the petitioner was arrested. He was released on bail on the same day on furnishing a bail bond and an FDR.

A Show Cause Notice dated 10.09.2018 came to be issued to the petitioner. Upon adjudication, vide order dated 20.02.2019, the Joint Commissioner of Customs denied the petitioner the free allowance, ordered absolute confiscation of the gold recovered from him and imposed a penalty of Rs. 4,60,000/- upon him.

In appeal, the Commissioner of Customs (Appeals), held him to be an eligible passenger and further recorded that it stood established that the gold had been declared by him. Accordingly, redemption was allowed and the penalty imposed was reduced to Rs. 2,32,000/-.

Learned counsel for the petitioner submits that the Show Cause Notice itself records that the petitioner walked up to the Red Channel and declared the gold. He submits that there was no concealment, nor any attempt to evade customs duty.

It is also pointed out that the appellate authority found him to be an eligible passenger and allowed redemption of the gold.

It is noticed that the complaint, being Complaint No. CT-1108/2021 titled “Customs vs. Mohammad Kaleem” under Section 135 of the Customs Act, 1962, is still pending before the learned CJM, Patiala House Courts, New Delhi, as stated by the petitioner himself.

What the petitioner seeks in substance is a discharge. For the said purpose, it is incumbent on the petitioner to move the learned CJM.

Accordingly, the writ petition is disposed of with liberty to the petitioner to appear before the learned CJM on the next date of hearing and move an appropriate application seeking discharge and/or release of surety/FDR. The same shall necessarily be considered and decided by the learned CJM in accordance with law, as expeditiously as possible. All contentions of the parties are left open.