Michael Kennedy v. The Commissioner Of Customs (Preventive)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN Michael Kennedy ... Petitioner Vs.
1.The Commissioner of Customs (Preventive), No.1,Williams Road, Contonment, Trichy - 620 001.
2.The Additional Commissioner, O/o. the Commissioner of Customs (Preventive), No.1, Williams Road, Contonment, Trichy - 620 001.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in File No.GEN/ADJ/ADC/417/2024-ADJN DIN-20240381OI000000ACC3 dated 05.03.2024 passed by the 2nd respondent and quash the same as illegal and consequently direct the respondents to release the petitioner's vehicle Wagon R VXI BS IV bearing No.TN-63 AT-1076. 1/8
For petitioner : Mr.P.Kannathasan For respondents : Mr.N.Dilip Kumar Senior Standing Counsel *****
ORDER
This Writ Petition is disposed of at the time of admission after hearing the learned counsel for the petitioner and the learned Senior Standing Counsel for the respondents.
2. In this Writ Petition, the petitioner has challenged the impugned order passed by the second respondent/Additional Commissioner, dated 05.03.2024 in his proceedings bearing reference in File No.GEN/ADJ/ADC/417/2024-ADJN DIN-20240381OI000000ACC3
3. By the impugned order, the request of the petitioner for provisional release of the vehicle seized from the custody of the petitioner and the cash has been rejected, on the ground that the investigation is pending for the alleged offences made out by the petitioner under the provisions of Customs Act, 1962 and Prevention of Money Laundering Act, 2002. Relevant portion of the impugned order reads as under:
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4. The learned Senior Standing Counsel for the respondents would submit that there is no scope for releasing the subject vehicle, as the subject vehicle is liable for confiscation in view of the admissions made by all the three persons 4/8
viz., passenger-Natarajan, Customs Driver-Kumar and the petitioner, who was too received the smuggled gold and the cash, which were found in the petitioner's vehicle.
5. It is submitted that the investigation will be completed in due course of time and appropriate orders will be passed for confiscation of the cash and the vehicle and therefore, the petitioner's request for releasing the vehicle and the cash is liable to be rejected.
6. I have considered the arguments advanced by the learned counsel for the petitioner and Senior Standing Counsel for the respondents.
7. In my view, the presence of the car, that has been seized from the petitioner will serve no purpose for investigation, as the details are available with the Customs Department. Since no useful purpose will be served by keeping the vehicle idle without it being run. Its value will depreciate as the days go by. Therefore, to balance interest of the parties, the Court is inclined to come to the rescue of the petitioner by ordering provisional release of the subject car subject 5/8
to the petitioner depositing a sum of Rs.1,00,000/- with the second respondent, as a security, for the proposed proceedings to be initiated against the petitioner for confiscation under the provisions of the Customs Act, 1962 and Prevention of Money Laundering Act, 2002.
8. The petitioner shall not transfer or alienate the subject car without permission of the Customs Department and the authorities under the provisions of the Prevention of Money Laundering Act, 2002. The petitioner shall produce the car for inspection once in six months pending further orders in the proceedings to be initiated against the petitioner and for confiscation of the car and the cash under the provisions of the Prevention of Money Laundering Act, 2002. Subject to such compliance, the car shall be released provisionally forthwith. This Writ Petition is disposed of, with above directions. No costs. Index : Yes / No 03.07.2024 Internet : Yes / No apd 6/8
To 1.The Regional Transport Officer and Licensing Authority, O/o.the Licensing Authority, Transport Department, Madurai North, Madurai.
2.The Inspector of Police, M.Chatrapatti Police Station, Madurai.
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C.SARAVANAN, J.
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