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2023 (9) TMI 1200 - MADRAS HIGH COURTSmuggling - Gold Jewellery - baggage rules - non-application of mind - penalty in respect of the earlier travel by the petitioner in the year 2018 which is reflected under the impugned detention receipt - HELD THAT:- Any normal women passenger ordinarily will wear jewels over her body. The 44 grams of jewellery seized from the petitioner and her daughter by the respondents cannot be treated as excessive. Therefore, erroneously on the ground that the petitioner is liable to pay the penalty in respect of her earlier travel in the year 2018, the impugned detention receipt dated 16-1-2023 has been issued. The penalty amount of Rs. 10,000/- in respect of the earlier travel by the petitioner in the year 2018 which is reflected under the impugned detention receipt dated 16-1-2023 is also the subject matter of a Statutory Appeal. This Court is of the considered view that by total non-application of mind to the fact that the petitioner and her daughter had worn over their bodies only jewellery weighing a meagre 44 grams which cannot be treated to be excessive, as any woman passenger would normally wear jewellery weighing that extent, the impugned detention receipt dated 16-1-2023 has been issued. Since the petitioner has admittedly not paid the penalty amount in respect of her earlier travel which is reflected in the impugned detention receipt dated 16-1-2023, the petitioner shall deposit the said amount with the third respondent within a period of one week from the date of receipt of a copy of this order - Petition allowed.
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