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TMI Blog2019 (10) TMI 507X X X X Extracts X X X X X X X X Extracts X X X X ..... der passed under the Act by an officer of customs lower in rank than a Principal Commissioner or Commissioner of Customs may appeal to the Commissioner (Appeals) within sixty days from the date of the communication to him of such decision or order - The petitioner is at liberty to challenge Annexure-D(2) order before the appellate authority. Petition dismissed. - Crl. MC. No. 4855 OF 2019(F) - - - Dated:- 11-10-2019 - MR R. NARAYANA PISHARADI, J. For The Petitioner : ADVS. SRI.SHIRAZ ABDULLA AND SRI.K.ABDUL NASSAR For The Respondent : SRI.SASTHAMANGALAM AJITHKUMAR AND PP FOR CUSTOMS,COCHIN COMMISSIONERATE ORDER This is an application filed under Section 482 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lease the gold chains seized from the petitioner, detained and deposited in the warehouse vide Ref.No.339/19 dtd 19-04- 19 and allow this criminal miscellaneous case, so as to secure the ends of justice. 5. Heard learned counsel for the petitioner and the learned Special Public Prosecutor for the Customs and Central Excise. 6. Though Annexure-F order passed by the learned Magistrate is challenged in this application, learned counsel for the petitioner submitted that he is not challenging that order. He has submitted that the petitioner challenges the legality and propriety of Annexure-D(2) order dated 19.04.2019 passed by the Assistant Commissioner, Air Customs. 7. It is specifically stated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the goods or not. There is appropriate forum provided under the Act to adjudicate such disputed questions of facts. Section 128(1) of the Act states that any person aggrieved by any decision or order passed under the Act by an officer of customs lower in rank than a Principal Commissioner or Commissioner of Customs may appeal to the Commissioner (Appeals) within sixty days from the date of the communication to him of such ..... X X X X Extracts X X X X X X X X Extracts X X X X
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