The Kerala High Court directed to adjudicate the show cause notice (SCN) expeditiously in the case of smuggling gold from Jeddah to India in violation of Customs Act, 1962.
The writ petition has been filed for a direction to the respondent to conclude the proceedings of seizure of gold of the petitioner within a time frame.
The petitioner, Cholakkal Shafeeq, is an Indian citizen and arrived on 12.02.2023 from Jeddah by Indian Express Flight. The petitioner had left the Airport without collecting his baggage. The petitioner was under surveillance of the Custom authorities. On the very next day, i.e., 13.02.2023, when the petitioner came to the Airport to collect the checked in baggage, the petitioner was intercepted by the officers and in the detailed examination, 9 number of gold plates totally weighing 1499 grams for a market value of Rs.85,74,280/- were recovered.
The Mahazar was prepared on the reasonable belief that the gold was attempted to be smuggled to India in violation to the provisions of Customs Act and Rules, 1962 made thereunder. A statement under Section 108 of the Customs Act and Rules, 1962 was recorded.
The petitioner has been issued a show cause notice. Considering the fact that the petitioner has been issued show cause notice under Section 110 of the Customs Act, 1962 the learned counsel for the petitioner has confined his prayer that the adjudication of the show cause notice be completed expeditiously.
The Court of Justice Dinesh Kumar Singh observed that “Considering the above said submission, the writ petition is disposed of with a direction to the authority who had issued the show cause notice to conclude the adjudication of the show cause notice expeditiously, preferably within a period of two months subject to the co-operation of the petitioner.”
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