9911796707
TMI Blog2025 (1) TMI 22X X X X Extracts X X X X X X X X Extracts X X X X ..... HAT:- The passenger was a senior citizen of more than 70 years of age. The death certificate has been placed on record, which shows that she passed away on 11th December, 2023 in Uzbekistan itself. The Petitioner/daughter - Ms. Umida Karimova has placed a copy of her passport on record. The identity of the Petitioner and her relationship with late Ms. Sharipova is not being doubted by the Respondent. Considering that the goods in question are of substantial value and the passenger having expired, her heir/s i.e., her daughter cannot be deprived of the goods so long as the Order in Original dated 26th July, 2023 is complied with by the Petitioner. A pplicability of limitation period for redeeming the goods under Section 125 of the Customs Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... : Dr. Ashutosh, Ms. Fatima and Ms. Shivani Sagar, Advs. versus For the Respondent : Mr. Aditya Singla, SSC, CBIC with Mr. Sahil Parashar and Mr. Ritwik Saha, Advs. with SI Om Prakash, ANTF, Crime Branch ORDER 1. This hearing has been done through hybrid mode. 2. This writ petition has been filed by the Petitioner under Article 226 and 227 of the Constitution read with Section 151 of Civil Procedure Code seeking issuance of a writ of mandamus directing the Respondent- Commissioner of Customs to re-export gold seized from the Petitioner s mother - Ms.Maktuba Sharipova vide Detention Receipt No. 06883 dated 10.05.2023 (Old Detention Receipt No. being 001801 dated 05.05.2023). 3. A foreign passenger, Ms. Maktuba Sharipova had arrived at the Ind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f a fine of Rs. 3,65,000/- (Rupees three lakhs sixty-five thousand only) under Section 125 of Customs Act, 1962 and allowed the same for re-export from India only by the Pax since the passenger is an Uzbekistan national having Uzbekistan PassPort No FA7197954 valid till 06.02.2033. The redemption is to be allowed after the completion of legal formalities in this regard and also fulfillment of any regulatory clearances/ approvals required. The offer of redemption, if accepted, shall be subject to the condition that the Pax shall not dispute the identity and valuation of the detained goods. The offer of redemption shall cease after 'One Hundred Twenty Days' from date of the receipt of this order; v) I also impose a penalty of Rs. 2, 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order on its notice board. 7. The Court has considered thematter. The passenger was a senior citizen of more than 70 years of age. The death certificate has been placed on record, which shows that she passed away on 11th December, 2023 in Uzbekistan itself. The Petitioner/daughter - Ms. Umida Karimova has placed a copy of her passport on record. The identity of the Petitioner and her relationship with late Ms. Sharipova is not being doubted by the Respondent. Considering that the goods in question are of substantial value and the passenger having expired, her heir/s i.e., her daughter cannot be deprived of the goods so long as the Order in Original dated 26th July, 2023 is complied with by the Petitioner. 8. The limitation period under Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd, the Court is of the opinion that whenever such detentions of goods are made or seizures are effected, the department ought to consider taking the proper contact details including the postal address, email address and mobile number of the passenger concerned and add the same on the detention receipt. This would facilitate communication with the passenger in respect of further proceedings and the order passed, if any. 11. Let this order be communicated to the Commissioner of Customs through ld. Counsel. 12. In the unique facts and circumstances of this case, in view of the fact that the passenger has expired and there is no proof of service of the order passed by the Customs department, the demurrage charges shall stand waived. The presen ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
