9911796707
TMI Blog2023 (9) TMI 1200X X X X Extracts X X X X X X X X Extracts X X X X ..... alty in respect of her earlier travel in the year 2018, the impugned detention receipt dated 16-1-2023 has been issued. The penalty amount of Rs. 10,000/- in respect of the earlier travel by the petitioner in the year 2018 which is reflected under the impugned detention receipt dated 16-1-2023 is also the subject matter of a Statutory Appeal. This Court is of the considered view that by total non-application of mind to the fact that the petitioner and her daughter had worn over their bodies only jewellery weighing a meagre 44 grams which cannot be treated to be excessive, as any woman passenger would normally wear jewellery weighing that extent, the impugned detention receipt dated 16-1-2023 has been issued. Since the petitioner has a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stant case, the jewellery was seized from two passengers viz., from the petitioner as well as from her daughter and the total weight of the said jewellery is only 44 grams put together. Therefore, it can be presumed that if the said weight is divided into two, each of the passengers would have carried at the most 22 grams each which is a meagre quantity which a normal woman passenger would have worn over her body. Therefore, the question of detaining the said jewellery weighing 44 grams, which was worn by two passengers, will not arise. 4. It is also seen from the impugned detention receipt dated 16-1-2023 that the reason for detention is not in respect of the jewellery carried by the petitioner as well as by her daughter, but, only due ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sued by the third respondent is hereby quashed and the Writ Petition is allowed with the following directions : (a) Since the petitioner has admittedly not paid the penalty amount in respect of her earlier travel which is reflected in the impugned detention receipt dated 16-1-2023, the petitioner shall deposit the said amount with the third respondent within a period of one week from the date of receipt of a copy of this order; (b) On receipt of the said deposit, the third respondent shall release and return the seized jewellery as per the impugned detention receipt dated 16-1-2023 to the petitioner within a period of one week thereafter. 8. This order is being passed by this Court in the facts and circumstances of the present ..... X X X X Extracts X X X X X X X X Extracts X X X X
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