2019 (6) TMI 81 - HC - Customs

Retention of passports without order - petitioners were carrying foreign currency unauthorizedly about 10,000 - only liable to pay penalty - whether the retention of the passports by respondents 1 and 2 is legal or otherwise, can be entered into by the said Authority? - HELD THAT - The petitioners are directed to mark appearance at 11 a.m on 24/05/2019 in the Office of the 2nd respondent-Superintendent of Customs, Cochin International Airport; in which event, the said Authority will hear them and decide whether the passports can be released to them and if not, shall issue an order specifically stating why it cannot be done. It is clarified that the 2nd respondent must take a decision as afore on 24/05/2019 itself and he will either release the passports to the petitioners or issue the order refusing to do so, on the same day itself, before the close of the working hours, so as to enable the petitioners to take further re-course, available to them in law, without any delay. Petition disposed off.

Summary

Issues:
Interception of individuals carrying unauthorized foreign currency, illegal seizure and retention of passports by customs officers, legality of retaining passports during international travel, jurisdiction of customs authorities to detain passports, imposition of penalty under Customs Act, legal recourse against penalty orders, competent authority to decide on passport release.

Analysis:
The judgment addresses two writ petitions where the petitioners were intercepted by customs officers for carrying unauthorized foreign currency. The petitioners claimed that their passports were illegally seized and retained without justification, potentially jeopardizing their employment abroad. They sought the return of their passports, arguing that the customs officers had no jurisdiction to hold them.

The Senior Standing Counsel for Customs stated that penalties were imposed on the petitioners under the Customs Act, and their passports would be returned upon payment of the penalty. The petitioners, through their counsel, expressed intent to challenge the penalty orders and demanded the immediate release of their passports, questioning the authority of customs to retain them.

The judge, after considering arguments from both sides, found merit in the petitioner's contention regarding the legality of passport retention by customs officers. Emphasizing the need for a competent authority to address this issue promptly, the judge directed the petitioners to appear before the Superintendent of Customs for a decision on passport release.

The judgment ordered the petitioners to present themselves before the Customs Authority on a specified date for a hearing and a prompt decision on passport release. It mandated the Customs Authority to make a decision on the same day to avoid delays, ensuring that the petitioners could pursue further legal options without hindrance.

In conclusion, the judgment highlighted the importance of resolving the jurisdictional issue of passport retention by customs officers promptly and directed the Customs Authority to decide on the release of the passports without delay, providing clarity for the petitioners to take appropriate legal action if needed.