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2016 (4) TMI 181 - MADRAS HIGH COURT

2016 (4) TMI 181 - MADRAS HIGH COURT - 2016 (339) E.L.T. 367 (Mad.) - Seeking release and return of 1 No of Gold Bar and 3 Nos of Gold Cut Pieces - Goods possessed by the respondents and the statement taken from petitioner was not his voluntary statement and his signature was taken under threat and coercion - Held that:- it is clear that the entire Mahazar has been typed in English, however, the petitioner had signed in Tamil. Whether the contents of the Mahazar was explained to the petitioner w .....

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g the gold. Therefore, by following the decision of Division Bench, the petitioner can get the return of gold, on deposit of 50% of the duty for the value of Gold and on such deposit, being made, the second respondent can be directed to release the gold. - Decided in favour of petitioner - W.P.No.2968 of 2016, WMP No.2453 of 2016 - Dated:- 29-2-2016 - M. Duraiswamy, J. For the Petitioner : Mr. A. K. Jayaraj For the Respondent : Mr. K. Mohana Murali ORDER The petitioner has filed the above writ p .....

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n before going before the table, the petitioner was taken to Air Intelligence Unit Room, situated in the Arrival Hall and according to the petitioner, the authorities started threatening him, even though the petitioner had informed before the Airport Customs Officers that he is in possession of 1 Gold Bar and 3 Nos. of Gold Cut Pieces, totally weighing 446 grams. 3. According to the petitioner, the respondents threatened the petitioner to sign the statement, typed by the officers and only after .....

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ase of the gold on payment of duty. 4. Further, according to the petitioner, he is a Domestic Passenger and he had boarded only at Trichy Airport and he is not a passenger like others, who are coming from other Foreign Country and arriving in India Airport and therefore, the detention of the gold from Domestic Passenger by the second respondent is illegal. 5. In the counter, filed by the respondents, they have stated that the petitioner had not declared the gold in his domestic passenger declara .....

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e smuggled out of Chennai Airport by concealing and not declaring to Customs and to be handed over to a received outside Chennai Airport, for which, he was offered ₹ 6,000/-. 6. Admittedly, the flight had arrived at Chennai from Singapore via Trichy. Further, the respondents have stated that the petitioner did not possess any valid documents for the gold and he had requested vide his letter dated 23.10.2015 that the case may be adjudicated and also for waiver of issue of show cause notice. .....

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under Sec.110-A, Any goods, documents or things seized under Section 110, may, pending the order of the adjudicating authority, be released to the owner on taking a bond from him in the proper form with such security and conditions as the adjudicating authority may require. The learned counsel also submitted that when the petitioner had travelled only from Trichy to Chennai, he cannot be termed as an International Passenger and that he is only a domestic passenger. Therefore, the seizure of gol .....

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ut the portion in the Mahazar statement of the petitioner. 10. On a perusal of the Mahazar, it is clear that the entire Mahazar has been typed in English, however, the petitioner had signed in Tamil. Whether the contents of the Mahazar was explained to the petitioner was not mentioned in the statement. Therefore, based on the Mahazar, it cannot be stated that the petitioner had admitted, as stated by the respondents, in their Counter. When the petitioner had signed the Mahazar in Tamil, the resp .....

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of the applicable customs duty and the redemption fine and to get the goods released, as per Sec.125 of the Customs Act, 1962. 12. This Order was challenged by the Department in an Appeal in W.A.No.582 of 2011 and the Division Bench of this Court in its Judgment dated 01.04.2011, modified the order, passed in the writ petition, by directing the petitioner therein to deposit 50% of the duty for the value of the gold jewellery and on such deposit being made, the gold jewellery, in question, shall .....

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