ABDUL RAZAK Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Appeal is filed against the judgment of the learned Single Judge declining to grant the relief prayed for i.e. to direct respondents 2 & 3 to release smuggled gold seized and confiscated by the Department on payment of redemption fine and duty under Section 125 of the Customs Act, 1962 (hereinafter referred to as the Act for short).

(2.) We have heard learned counsel appearing for the appellant and learned Standing Counsel appearing for the respondents.

(3.) The appellant who landed from the Middle East (Riyadh) in a flight on 2-2-1996 without declaring any goods that attracts customs duty passed through the green channel at the Karipur Airport, Kozhikkode. The Customs officers intercepted the appellant at the gate and examined the goods that the appellant had brought along with him from abroad. It was seen that the appellant tried to smuggle out over 8 KGs of gold (69 gold biscuits of 10 tolas each) by concealing it in emergency light, mixie, grinder, car horns etc. The Customs authorities seized the smuggled goods i.e. gold and recorded statement from the appellant under Section 108 of the Act. In the statement, the appellant admitted that he is only carrier of the gold from one Mr. Kamal Mohammed and the smuggled gold is to be handed over to one Mr. M.P. Majeed. The specific case of the appellant before the Customs in the sworn statement recorded under Section 108 is that the appellant is only a carrier and for rendering the service, he is eligible to get only Rs. 75,000/-. The smuggled gold seized by the Customs Department were confiscated in adjudication proceedings later, wherein the appellant's claim for release of the gold on payment of redemption fine and duty and personal penalty was rejected by the Department.