Case Law Details
Irshad Mancheri Vs Commissioner of Customs (Kerala High Court)
Introduction: Irshad Mancheri filed a writ petition in the Kerala High Court seeking the release of his passport (No. P 6120348), which had been detained on August 7, 2022. The detention of the passport was a result of the petitioner being found in possession of smuggled gold, weighing 1331.95 grams, and gold bars weighing 233.84 grams at Cochin International Airport on the same day.
Detailed Analysis:
1. Background: The petitioner’s passport was detained due to his involvement in a case of smuggling gold through Cochin International Airport. Gold weighing 1331.95 grams and gold bars weighing 233.84 grams were seized from the petitioner on August 7, 2022.
2. Legal Petition: The petitioner filed a writ petition in the Kerala High Court, seeking a writ of mandamus to compel the Customs Authorities to release his passport.
3. Customs Authority’s Response: The counsel representing the Customs Authorities informed the court that the investigation was completed. They agreed to release the petitioner’s passport, provided the petitioner undertook to furnish details of his future travels as requested by the Customs Authorities whenever he planned to travel.
4. Petitioner’s Undertaking: The petitioner’s legal counsel assured the court that the petitioner would submit the required undertaking to the Customs authorities within two weeks. The undertaking would include a commitment to provide travel details as requested by the Authorities in the future.
5. Court’s Decision: The Kerala High Court, considering the Customs Authority’s agreement and the petitioner’s commitment, ordered the release of the petitioner’s passport. The release was subject to the conditions to be imposed by the Customs Authorities.
6. Conclusion: The Kerala High Court’s decision allows for the release of the detained passport on the condition that the petitioner provides information about future travels as requested by the Customs Authorities. This case highlights the importance of adhering to legal procedures and cooperating with authorities in matters related to customs and security.
FULL TEXT OF THE JUDGMENT/ORDER OF KERALA HIGH COURT
The present writ petition has been filed seeking a writ of mandamus commanding the respondent to release passport No. P 6120348 of the petitioner, which was detained on 7.8.2022 as the petitioner was found in possession of smuggled gold weighing 1331.95 grams and gold bars weighing 233.84 grams through Cochin International Airport on 7.8.2022.
2. Learned counsel for the respondent fairly submits that the investigation is over and petitioner’s passport can be released subject to the petitioner undertaking that the petitioner would provide details of future travels as desired by the Customs Authorities, as and when he undertakes such travels.
3. The learned counsel for the petitioner submits that the petitioner would submit such undertaking to the Customs authorities within a period of two weeks from today. If the petitioner submits such an undertaking that he would provide details of future travels as desired by the Authorities, before the Customs authorities, the petitioner’s passport will be released, subject to the conditions to be imposed by the Customs authorities.
Subject to the aforementioned direction, the writ petition would stand finally disposed of. Pending interlocutory applications, if any, in the writ petition would stand dismissed.
