Case Law Details
Cholakkal Shafeeq Vs Deputy Commissioner of Customs (Kerala High Court)
Introduction: A recent case at the Kerala High Court involving Cholakkal Shafeeq vs. the Deputy Commissioner of Customs pertains to the alleged smuggling of gold from Jeddah to India in violation of the Customs Act. The petitioner sought a directive from the court to expedite the adjudication of a show cause notice (SCN) issued by the customs authorities. This article provides an in-depth analysis of the case and its implications.
Detailed Analysis:
1. Background of the Case: Cholakkal Shafeeq, an Indian citizen, arrived in India from Jeddah on February 12, 2023, via Indian Express Flight No. IX398. Upon arrival, the petitioner left the airport without collecting their baggage. Customs authorities had the petitioner under surveillance. The very next day, on February 13, 2023, when the petitioner returned to the airport to collect the checked-in baggage, customs officers intercepted the petitioner. A detailed examination revealed nine gold plates weighing a total of 1499 grams, with a market value of Rs. 85,74,280. A mahazar was prepared on February 20, 2023, on the reasonable belief that the gold was being smuggled into India in violation of the Customs Act and Rules, 1962.
2. Issuance of Show Cause Notice: The petitioner received a show cause notice (SCN) with reference number SL 92/2023 JC/AP/CLT, dated August 9, 2023. Given that the petitioner was issued a show cause notice under Section 110 of the Customs Act, 1962, the petitioner’s counsel sought a directive from the court to expedite the adjudication of the SCN.
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