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Madras High CourtWP/16876/2019dismissed

Mrs.Patchaurt Punsakon, v. The Government Of India,

2019-11-20Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2019

CORAM

THE HON'BLE MR.JUSTICE K.RAVICHANDRABAABU W.P.NO.16876 OF 2019 AND W.M.P.NO.16464 OF 2019 Mrs.Patchaurt Punsakon

...Petitioner

Vs.

1. The Government of India Ministry of Finance Department of Revenue Office of the Commissioner of Customs (AIRPORT) Integrated Cargo Complex, Meenabakkam, Chennai - 600027.

2. The State Represented by its The Intelligence Officer Customs House Rajaji Salai, Chennai - 600001.

3. The State Represented by its The Superintendent Special Prison for Women Puzhal, Chennai - 600056.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records of the first respondent and quash the same in O.S.No.21/08/-INT-AIR Order-inOriginal No.4 of 2009 dated 06.03.2009. For Petitioner : Mr.P.G.Perumal Pandian For Respondents : Mr.V.Sundareswaran Senior Standing Counsel [R1] Mr.M.Santhanaraman Senior Standing Counsel [R2] Mr.R.P.Prathap Singh Government Advocate [R3]

ORDER

This writ petition is filed challenging the Order-inOriginal No.4 of 2009 dated 06.03.2009.

2. The petitioner claims to be a citizen of Thailand. On 29.04.2008, she was intercepted by the officers of the Air Intelligence Unit at the Departure Hall of the Anna International Airport while she was bound for Kualalumpur. On search, the officials found the petitioner concealed and smuggled 4900 grams of Heroin. After going through other formalities and procedures and after issuing show cause notice dated 22.10.2008, the present impugned order was passed after affording an opportunity of personal hearing to the petitioner through her counsel. The Adjudicating Authority found the petitioner guilty and ordered absolute confiscation of 4900 grams of Heroin valued at Rs.4,90,00,000/- in international market. The petitioner was also imposed with the penalty of Rs.4,00,000/- under Section 114(i) of the Customs Act, 1962.

3. The said order passed on 06.03.2009, is put to challenge now after a period of 10 years before this Court, simply by saying that the petitioner is not aware of the domestic laws of this country and she is deprived of source of income to approach the Appellate Authority laid down under the Act.

4. I am not inclined to entertain the present writ petition without even going into the merits of the matter only on the reason that the writ petition is not maintainable not only on the ground of delay and latches and also on the ground of availability of alternate remedy.

5. There is no dispute to the fact that the petitioner has participated in the adjudication process by engaging an Advocate. It is also seen that in the criminal case where the petitioner was convicted, the petitioner was represented by an Advocate. A challenge made against the conviction in Criminal Appeal No.414 of 2013 resulted in dismissal, the petitioner was represented through a counsel. Therefore, it is not correct to contend that the petitioner was left with no legal remedy or advice, as what to do against the impugned order, immediately after the issuance of the same. Therefore, it is evident that the petitioner has slept over the matter for 10 years and now has chosen to file the present writ petition only by raising some sympathy grounds. Needless to state that in these kind of matters the Court cannot be cared over on the ground of sympathy more particularly, when the offence committed by the petitioner which ended in passing the impugned order and also conviction in criminal Court is very serious and thus, cannot be taken so lightly to show some indulgence.

6. Accordingly, I find no reason to entertain this writ petition and thus, the same is dismissed. No costs. Connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sni To

1. The Government of India Ministry of Finance Department of Revenue Office of the Commissioner of Customs (AIRPORT) Integrated Cargo Complex, Meenabakkam, Chennai - 600027.

2. The Intelligence Officer Customs House Rajaji Salai, Chennai - 600001.

3. The State Represented by its The Superintendent Special Prison for Women Puzhal, Chennai - 600056.

+1cc to Mr.G.Karthikeyan, Advocate, S.R.No.97254 +1cc to Mr.M.Santhanaraman, Advocate, S.R.No.96627 W.P.No.16876 of 2019 CP(CO) CS/27/11/2019