9911796707
TMI Blog2015 (10) TMI 832X X X X Extracts X X X X X X X X Extracts X X X X ..... is stated that the petitioner's family is settled in Dubai and there are three school going children. When the petitioner reached India from Dubai through the International Airport at Kochi on 30-10-2014 the checked-in-baggage of the petitioner was intercepted and some home appliances brought by the petitioner (electric rice cooker and electric hot plate) were seized stating that they contained silver coloured metallic object weighing 3.5 kg., in which presence of gold was suspected. Petitioner went back on the same day and subsequently, he came to be arrested on return, at the Airport on 14-11-2014 as evident from Ext. PI arrest memo issued by the first respondent/Inspector of Customs. The petitioner moved the third respondent/Deputy Commi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted. 4. Pointing out the facts and circumstances, the petitioner approached the third respondent/Dy. Commissioner by filing Ext. P5 representation for modifying the conditions in Ext. P3 and to return the passport. As this did not yield any positive result, the petitioner was constrained to approach this Court by filing W.P.(C) No. 32496 of 2014, challenging the authority of the concerned respondent to detain passport. A contention was raised from the part of the respondents to the effect that they were entitled to do so, by virtue of the mandate under S. 110(3) of the Customs Act. As per the said provision, a proper officer may seize any document or things, which in his opinion will be useful for or relevant to any proceedings under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the detained goods. It was only on getting some false information that it might be released to the petitioner, that the petitioner came back to India on 13-11-2014. On his arrival at the airport, samples of the suspected items were taken under a Mahazar prepared in presence of the petitioner and two independent witnesses and sent to the chemical examiner. Customs House, Kochi, who, after examination, reported on the same date, that the samples were qualitatively analysed and confirmed the presence of gold in it and further that percentage of the gold will be reported later. 7. As per the subsequent proceedings, four samples were reportedly containing gold to an extent of at 48.3%, 47.4%, 48.59% and 50.53%; thus revealing a total esti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h is well within the four walls of law. It is also pointed out that the authorities are having power under S. 110(3) of the Act to detain passport and the legal position stands declared by two Division Benches of this Court as per decisions in Santha Kumar v. Collector of Customs [1989 (2) KLT 881] and Thomas v. Union of India [1989 (2) KLT 292]. The factual position stands discussed in detail in Ext. P7 order passed in furtherance to Ext. P6 judgment and that the same is stated as not assailable under any circumstance. 9. After hearing both the sides, this Court finds that the authority vested with the Customs to detain passport under S. 110(3) no longer remains res integra, in view of the declaration of law by the two Division Bench ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xt. P3 order; adding that he is ready to appear on any day in connection with the investigation or further steps, as and when required. It is also pointed out that, if the petitioner does not honour the commitment, it is always open for the respondents to take further steps to cause the bail to be cancelled and also to move the appropriate authority for impounding the passport or for cancellation of VISA and to have the petitioner deported. It is further stated that, other appropriate conditions could be imposed, if necessary, and that the right to travel abroad might not be wrongfully prevented. 12. Right to travel abroad flows from the expression 'personal liberty' in Article 21 of the Constitution of India, which expression, as exp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ected to quantify the probable liability which could be mulcted upon the petitioner by way of duty, fine/penalty etc., if the petitioner is ultimately found guilty of the alleged offence. The same shall be let known to the petitioner within 'ten days'. It will be for the petitioner to satisfy the same, either by way of Bank Guarantee or by depositing the original of the Title Deeds in respect of the immovable property to the requisite extent to the satisfaction of the respondents, upon which the passport shall be released to the petitioner forthwith. The petitioner shall co-operate with the investigation and shall make himself available, as and when summoned. The petitioner shall also serve his E-mail address to the respondents, which shall ..... X X X X Extracts X X X X X X X X Extracts X X X X
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