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.
3. Kerala High Court’s Decision: The Kerala High Court considered the submission made by the petitioner’s counsel and directed the authority that issued the show cause notice to conclude the adjudication expeditiously. The court recommended that this process be completed preferably within a period of two months, provided the petitioner cooperates.
4. Implications: This case sets a precedent for expediting the adjudication of show cause notices related to customs violations. It highlights the importance of resolving such matters in a timely manner, ensuring efficient legal processes.
Conclusion: The Kerala High Court’s decision in Cholakkal Shafeeq vs. Deputy Commissioner of Customs reflects the court’s commitment to expediting the resolution of cases related to customs violations. It emphasizes the importance of timely adjudication and upholding the principles of justice in such matters. The directive serves as a reminder of the need for prompt legal proceedings when dealing with alleged violations of customs regulations.
FULL TEXT OF THE JUDGMENT/ORDER OF KERALA HIGH COURT
1. The writ petition has been filed for a direction to the respondent to conclude the proceedings of seizure of gold of the petitioner within a time frame.
2. The petitioner is an Indian citizen and arrived on 12.02.2023 from Jeddah by Indian Express Flight No.IX398. The petitioner had left the Airport without collecting his baggage. The petitioner was under surveillance of the Custom authorities. On the very next day, i.e., 13.02.2023, when the petitioner came to the Airport to collect the checked in baggage, the petitioner was intercepted by the officers and in the detailed examination, 9 number of gold plates totally weighing 1499 grams for a market value of Rs.85,74,280/- were recovered. Mahazar was prepared on 20.02.2023, on the reasonable belief that the gold was attempted to be smuggled to India in violation to the provisions of Customs Act and Rules, 1962 made thereunder. A statement under Section 108 of the Customs Act and Rules, 1962 was recorded.
3. The petitioner has been issued a show cause notice No. SL 92/2023 JC/ AP/CLT dated 09.08.2023. Considering the fact that the petitioner has been issued show cause notice under Section 110 of the Customs Act, 1962 the learned counsel for the petitioner has confined his prayer that the adjudication of the show cause notice be completed expeditiously.
4. Considering the above said submission, the writ petition is disposed of with a direction to the authority who had issued the show cause notice to conclude the adjudication of the show cause notice expeditiously, preferably within a period of two months subject to the co-operation of the petitioner.
5. With the aforesaid direction, the present writ petition is disposed of.
