Malaysian National's 4Lakh Indian Currency Seized: Madras HC Declines Immediate Return, Orders Customs to Follow Due Process in 8 Weeks [Read Order]

In a recent order, the Madras High Court refused immediate release of the Indian currency of a Malaysian National seized amounting to Rs. 4 lakhs, however, ordered the customs department to release it within 8 weeks.

The petitioner, Saravana Jothi approached the Court seeking a direction to the customs authorities at Chennai International Airport to return the cash seized from him, contending that it was legally acquired and rightfully his.

The matter came before Mr. Justice Abdul Quddhose. The petitioner’s demand was straightforward: immediate return of the seized sum from the officials of the Air Intelligence Unit (AIU) stationed at the Anna International Terminal, Chennai Airport. However, the Court declined to issue such a direct order for immediate restitution of the currency.

Instead, taking into account the submissions made by the standing counsel for the customs department, the Court admitted that the authorities were still in the process of adjudicating the case.

The customs’ counsel, on instructions, assured the Court that the petitioner would be provided with an opportunity of personal hearing and that the department would adhere to the principles of natural justice before arriving at a final decision on the petitioner’s request.

After noting this assurance, the Court ordered the customs department to issue a final order within eight weeks, but only after taking into account the petitioner's response to the served show cause notice.

Further, the Court directed the petitioner to submit his reply to the said notice within two weeks from the date of receipt of the Court’s order. Only upon receiving this reply would the customs authorities proceed with the adjudication process, ensuring due application of mind and observance of natural justice.

The Court, thus disposed of the writ petition without awarding costs, stating that it would not intervene at this premature stage where departmental proceedings were still underway.

Advocates Jerry V.V. Sundar, V.Z.Victor, J.Prakashraj and T.Saranya appeared for the petitioner.

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