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2019 (10) TMI 507 - KERALA HIGH COURTMaintainability of application - appropriate forum - Smuggling - Gold chains - release of seized goods - concealment of gold chains - HELD THAT:- In this application filed under Section 482 Cr.P.C, this Court cannot adjudicate disputed questions of facts as to whether the petitioner had concealed the gold chains in the underwear worn by him or that he had kept them inside the pocket of his trouser and whether he had declared the goods or not - There is appropriate forum provided under the Act to adjudicate such disputed questions of facts. Section 128(1) of the Act states that any person aggrieved by any decision or order passed under the Act by an officer of customs lower in rank than a Principal Commissioner or Commissioner of Customs may appeal to the Commissioner (Appeals) within sixty days from the date of the communication to him of such decision or order - The petitioner is at liberty to challenge Annexure-D(2) order before the appellate authority. Petition dismissed.
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