9911796707
TMI Blog2019 (10) TMI 507X X X X Extracts X X X X X X X X Extracts X X X X ..... CHIN COMMISSIONERATE ORDER This is an application filed under Section 482 Cr.P.C. 2. On 19.04.2019, the petitioner herein, who was employed in Malaysia, reached Cochin Airport by Flight No.AK 39. He was intercepted by the customs authorities. On conducting search of his person, the customs officers found that he had concealed three gold chains inside the underwear worn by him. Alleging that h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w approached this Court by filing this application under Section 482 Cr.P.C. The relief prayed for in this application reads as follows: "For these and other grounds that may be urged at the time of hearing, it is most humbly prayed that this Honourable Court may be pleased to direct the respondent to release the gold chains seized from the petitioner, detained and deposited in the warehouse vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e was wearing one chain on his neck and that he had kept the other two chains inside the pocket of his trouser. However, Annexure-D(1) seizure report shows that the petitioner had concealed the gold chains inside the underwear worn by him and that he had not declared the goods. Annexure-D(1) seizure report bears the signature of the passenger (the petitioner). 8. Annexure-D(2) order states that, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under the provisions of Section 125 of the Act which prescribes imposition of fine in lieu of confiscation. 10. In this application filed under Section 482 Cr.P.C, this Court cannot adjudicate disputed questions of facts as to whether the petitioner had concealed the gold chains in the underwear worn by him or that he had kept them inside the pocket of his trouser and whether he had declared th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .P.C is maintainable against Annexure-D(2) order passed by the Assistant Commissioner, Air Customs. 12. Consequently, the petition is dismissed. The petitioner is at liberty to challenge Annexure-D(2) order before the appropriate authority under the Act. He is at liberty to raise all his contentions before such authority. It is also made clear that, if the petitioner files any appeal before the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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