BARAKATHNISA Vs. PRINCIPAL COMMISSIONER OF CUSTOMS
LAWS(MAD)-2018-4-1667
HIGH COURT OF MADRAS
Decided on April 20,2018

Barakathnisa Appellant
VERSUS
PRINCIPAL COMMISSIONER OF CUSTOMS Respondents

JUDGEMENT

T.S. Sivagnanam, J. - (1.)Heard Mr. A.K. Jayaraj, Learned Counsel for the petitioner and Ms. Aparna Nandakumar, Learned Standing Counsel appearing for the respondent.
(2.)The petitioner, who is an Indian national, was travelling from Bangkok and when she landed in Chennai Airport, it appears that the Customs officials made a check of her baggage and found nothing incriminating in the baggage and there was no concealment. However, the authorities would state that the petitioner had worn a burka and underneath she has concealed a Gold Chain and one yellow colour metal bracelet, which have been certified to be of 24 Carrate gold weighing 379 gram. A recognized goldsmith has valued the gold at Rs. 11,44,201.00.
(3.)In the mahazar, the respondent Department has noted the statement given by the petitioner, who had stated that someone unknown to her has given them for being delivered to somebody else at the Chennai airport. Subsequently, the petitioner has retracted the said statement. In any event, the investigation is in the process and after completion of which the respondent will issue show cause notice. In the meantime, the petitioner seeks to quash the seizure notice and seeks for release of the gold chain and bracelet. In my considered view, the question of quashing a seizure mahazar does not arise and that being a document, which records as to what took place in the Chennai airport on 19-1-2018, cannot be quashed by way of a writ petition. However, considering the fact that the petitioner is an Indian National and her husband is stated to be working in Bangkok for more than 11 years and has a valid Indian passport and the gold, not being a prohibited item, this Court is of the view that gold jewellery can be directed to be provisionally released by the respondent.


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