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TMI Blog2004 (12) TMI 735X X X X Extracts X X X X X X X X Extracts X X X X ..... ird respondent and quash the same and to direct the respondents to release the gold chain weighing 115 grams to the petitioner being the subject matter of O.S.61/2001/AIR on the file of the first respondent. 3. For the sake of convenience and for easy reference W.P. No. 15146 of 2001 and W.P. No. 13230 of 2002 are hereinafter referred to as the first writ petition and the second writ petition respectively. 4. In the affidavit filed in support of the W.P. No. 15146 of 2001, the petitioner would submit that the petitioner was intercepted by the Customs Authority at Chennai Airport on 6.8.1999 when he came from Singapore as a passenger in Indian Airlines Flight No. 556; that on examination of his baggage, the authorities are said to have recovered 12 gold bars totally weighing 1339 grams valued at Rs. 4,93,847/-; that the petitioner in fact disputed the same that he had kept the gold bars under seizure only for Security purposes and he never had any intention to smuggle the same by concealment; that he was coerced by the authorities to give a statement as if he was carrying the gold as a carrier for someone for a small remuneration; that even before he could make a declaration, the go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er dated 30.4.2001 has confirmed the order of the Lower Authority and has rejected the Appeal; that challenging the order of the 2nd respondent, the petitioner has filed a revision before the third respondent; that the third respondent by order dated 31.1.2002 has once again rejected the revision and confirmed the orders of the Lower Authorities. It is only testifying the validity of the said order, the petitioner has come forward to file this Writ Petition, praying for the relief extracted supra. 9. During arguments, the learned counsel for the petitioner would submit that after 1992, the Government of India has liberalised the import of gold into the country by means of new policy; that by the said policy the gold which was sought to be imported is no longer a prohibited item in terms of the customs Act and exim policy; that it is the ratio of the Apex Court and other High Courts of India; that even in case when the gold is sought to be imported by means of concealment, after the year 1992, an option of redemption should be extended in terms of Section 125 of the Customs Act. 10. The learned counsel for the petitioner would further submit that the respondents 2 and 3 are acting o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at Rs. 4,93,847/-. 13. Likewise, in the above second writ petition, the petitioner therein has sought for a Writ of Certiorarified Mandamus to be issued to call for the records of the third respondent dated 31.1.2002 and to quash the same and to direct the respondents to release the gold chain weighing 115 grams valued at Rs. 47,265/- to the petitioner. 14. On facts, it comes to be seen that both the petitioners were intercepted by the Customs Authorities at Chennai Airport respectively on 6.8.1999 and on 11.1.2001 who alighted from Singapore and on examination of the baggage of the petitioner in the first writ petition 12 gold bars were found concealed and the same were seized. On the part of the first writ petitioner he would argue to the effect that only for security purpose, the gold bars under seizure had been kept by him and he never had any intention to conceal the same and that he was squeezed by the authorities to give a statement that he was carrying the same on behalf of some one else. In the case of the above second writ petitioner, he was found wearing the seized commodity, a gold chain, around his neck and since the same was not declared, it has been seized. 15. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he above first case was also detained under COFEPOSA for one year and in the meantime, the prosecution proceeded under Section 135 of the Customs Act, 1962 and since the appeal preferred by him also came to be dismissed confirming the orders of the lower authorities, the petitioner has filed a revision before the 3rd respondent and on rejection of the revision confirming the earlier orders, now the petitioner has come forward to file the above writ petition. Likewise, in the second writ petition above also, all the above legal formalities have been complied with and the orders passed thereon by the statutory authorities concerned are now being challenged in the writ petitions. 18. The petitioner would put up the arguments to the effect that now under the liberalized policy pertaining to the import of gold into the country, it is no longer a prohibited item in terms of Customs Act, 1962 and exim policy and even in the event wherein the gold ought to have been imported by means of consignment, the option of redemption should have been exercised in terms of Section 125 of the Customs Act. 19. But, on the part of the respondents it would be vehemently argued to the effect that neither ..... X X X X Extracts X X X X X X X X Extracts X X X X
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