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TMI Blog2009 (7) TMI 889X X X X Extracts X X X X X X X X Extracts X X X X ..... scation of the vehicle and direction to the petitioner to pay fine in lieu of confiscation as also penalty totalling to more than Rs. 15 lakhs. The petitioner paid the fine and penalty and got the vehicle released after payment of demurrage charges also to the Cochin Port Trust. The petitioner was not served with a copy of the adjudication order in spite of demand. The petitioner approached this Court by filing W.P. (C) No. 32475/2006 apprehending seizure of the vehicle on other charges. In that writ petition, by Ext.P10 judgment, this Court directed issue of another copy of the adjudication order to the petitioner. But this Court refused to issue any direction with regard to the seizure of the vehicle. Subsequently, on 22-1-2007, by Ext.P1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct no legal proceedings would lie against the officers of the respondents for anything which is done or intended to be done in good faith, in pursuance of the Customs Act, Rules and Regulation. The action justified by the respondent in their counter affidavit thus : "4. It is respectfully submitted that the investigation into the subject import was started consequent to the receipt of communication from the Directorate of Enforcement, Trivandrum, suspecting Hawala transaction. In the statement given by the importer, Shri Shamsudeen Chirammal before the office of the Directorate of Enforcement, he had stated that he had, on clearance of the vehicle, entrusted the same to one Ameer Siddique, M/s. Deepa Associates, C/203, Seema Complex, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by R and I Division, Headquarters Intelligence Unit, it was revealed that no person by name Ameer Siddique ever resided in the address C-203, Seema Complex and enclosed a certificate to the effect from the office of the said Housing Society. The officers of the HQIU, also examined the vehicle and ascertained that the Engine No. physically appearing on the vehicle was 3UZ0014648 as against the Engine No. of 0133978 informed by Toyota. Also there were difference in the model codes of the vehicle, which meant that there was definitely some tampering of the vehicle. Considering the inconsistencies in the whole import issue, the vehicle was detained by the office of HQIU." In view of this explanation, I am satisfied that the respondents had suf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e underway to ascertain the actual make of the vehicle, as it is apparent that the vehicular details are tampered with. Unless the vehicle particulars are ascertained and is subjected to further examination, if needed, the issue of provisional release does not arise. Also, Investigations conducted up to this stage indicated that the importer has nothing to do with the car and the duty payment has been made through illegal/Hawala channels, which require further investigation, for which summons has been issued to the importer. The Petitioner is attempting to mislead the Hon'ble Court by stating that the interest alone would be Rs. 1,780/- per day and so on. The investigation into the subject import are in progress and it is too premature to c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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