2014 (2) TMI 625 - HC - Customs

Seizure of passports - Detention of petitioners - Held that - it is necessary to deal with the issue with regard to the power and authority of the Customs to seize the passports - respondent directed to return passport to the petitioner forthwith, at any rate, within one week from the date of receipt - Decided in favour of assessee.

Summary

Issues Involved: Seizure of passports by Customs authorities, legality of detention of imported cigarettes, petitioners' grievance against the authorities, return of passports to petitioners, consideration of appeal by appellate authority.

Analysis:

1. Seizure of Passports:
The petitioners, non-resident Indians, had their cigarettes detained by Customs authorities allegedly due to contravention of law, leading to the seizure of their passports. The petitioners contended that the seizure was unjustified and approached the Court for immediate intervention to have their passports released. However, the respondent argued that the passports were voluntarily surrendered by the petitioners after a demand for the due amount was made, with the intention of returning promptly after arranging the necessary funds. The Court noted the respondent's claim that they did not seize the passports and decided not to delve into the Customs' power and authority to seize passports. The judgment directed the immediate return of the passports to the respective petitioners within a week.

2. Legality of Detention of Imported Cigarettes:
The detention of the imported cigarettes by Customs authorities was a key issue in the case. The petitioners, being non-resident Indians, faced allegations of contravening relevant legal provisions. The detention led to the issuance of a seizure report/order. The petitioners, aggrieved by this action, filed an appeal before the appellate authority (Ext. P2) for redressal. The Court ordered the appellate authority to consider the appeal promptly and pass appropriate orders in accordance with the law.

3. Petitioners' Grievance and Relief Sought:
Both writ petitions raised similar averments and exhibits regarding the detention of the cigarettes and the seizure of passports by Customs authorities. The petitioners' main grievance was the alleged unjustified seizure of their passports. They sought immediate intervention from the Court to have their passports released. The judgment provided relief by directing the return of the passports to the petitioners without further delay.

4. Consideration of Appeal by Appellate Authority:
The judgment emphasized the need for the appellate authority to consider the appeal filed by the petitioners promptly and in compliance with legal procedures. It mandated the authority to pass appropriate orders expeditiously, ensuring a fair and timely resolution of the petitioners' grievances.

5. Compliance and Further Steps:
To ensure compliance with the judgment, the petitioners were instructed to produce a copy of the judgment along with the concerned writ petition before the respondent for further necessary actions. This step aimed at facilitating the prompt return of the passports and the expeditious consideration of the appeal by the appellate authority.