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TMI Blog2020 (3) TMI 927X X X X Extracts X X X X X X X X Extracts X X X X ..... - Crl. MC. No. 4875 of 2019 (H) - - - Dated:- 6-8-2019 - Raja Vijayaraghavan V., J. Shri S. Manu, CGC, for the Petitioner. Shri M.S. Breez, Sr. Public Prosecutor and R. Kishore, Advocate for the Respondent. ORDER By order dated 27-6-2016, the application filed by the respondent herein for interim release of a Honda City Car was allowed by the Additional Chief Judicial Magistrate (Economic Offences), Ernakulam. Being aggrieved, the Directorate of Revenue Intelligence (DRI) has filed this petition seeking to quash the said order. 2. From the records made available, it appears that the DRI received information that Sri. Muhammed Shinas, a ground staff of Air India, was indulging in smuggling of gold. A personal search ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Learned Magistrate cannot be sustained. According to the Learned Standing Counsel, the vehicle is liable to be confiscated under Section 115(2) of the Customs Act, 1962, and an application in the nature of Section 451 of the Cr. P.C. is not maintainable. He would also urge that the properties seized under the Customs Act are to be dealt with by competent authorities under the Act and the provisional release of any goods, documents or things seized under Section 110 of the Act can be made under Section 110(A) of the Customs Act only by the adjudicating authority, which is the Commissioner of Customs, Kochi. In order to substantiate his contention, the Learned Standing Counsel relied on the decision of this Court in Thomas and Others v. Unio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at this respondent is busy with his scheduled official work and it is not advisable to drag such officers unnecessarily for such mis-joinder litigations. (sic) 7. Thus, it can very well be seen that it was based on the affidavit of the Commissioner of Customs that the respondent herein had withdrawn the writ petition and had approached the Learned Magistrate. In view of the above, there is no merits in the submission of the Learned standing counsel appearing for the petitioner that the order passed by the Learned Magistrate is illegal. The respondent cannot be made to run from pillar to post to get his vehicle released. The petitioner cannot be permitted to take vacillating stands before this Court to harass the respondent. 8. I find ..... X X X X Extracts X X X X X X X X Extracts X X X X
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