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TMI Blog2019 (6) TMI 81X X X X Extracts X X X X X X X X Extracts X X X X ..... eased 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. - WP (C) 13888/2019 AND WP (C). 13886/2019 - - - Dated:- 22-5-2019 - MR DEVAN RAMACHANDRAN, J. For The Petitioner : ADVS. SRI. S. KABEER AND SRI. P. E. SAJAL For The Respondents : SMT. I SHEELA DEVI-SENIOR SC FOR CUSTOMS ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urisdiction to retain the same. 4. Smt. Sheela Devi I, the learned Senior Standing Counsel for Customs submits that subsequent to the interception of the petitioners and the discovery of unauthorised amounts from their possession, Ext.P1 order in both cases were issued against them, imposing a penalty of ₹ 1,75,000/- under the provisions of Section 114 of the Customs Act, by the Assistant Commissioner, Air Customs, Cochin. She adds that, if the petitioners are willing to deposit the afore mentioned penalty, the 1st and 2nd respondents would return their passports to them forthwith. 5. In response to the submissions of Smt. Sheela Devi I, Sri.P.E. Sajal, the learned counsel for the petitioners, submits t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g Counsel for Customs, as to the Competent Authority who can take a decision in this regard and she suggests that if the petitioners present themselves before the 2nd respondent- Superintendent of Customs, Cochin International Airport, on a particular day, then they can be heard and an apposite decision taken whether to return the passports to them or to issue an order, denying it on valid reasons. Sri P.E. Sajal, learned counsel for the petitioners also affirm that this is a course that can be considered and he says that his clients is willing to appear before the said Authority any day. 9. In the afore circumstances, I order these writ petitions and direct the petitioners to mark appearance at 11 a.m on 24/05/2019 in the O ..... X X X X Extracts X X X X X X X X Extracts X X X X
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