BANGANTAVIDA NAZIR Vs. INSPECTOR OF CUSTOMS

JUDGEMENT

(1.) The short question that arises in this case is whether the authorities under the Customs have power to detain passport of a person against whom proceedings are initiated under the Customs Act, 1962. The petitioner was bailed out by the customs authority as per Ext. P3 with certain conditions. One of the grounds on which bail was granted was that the petitioner shall surrender his passport before the Assistant/Deputy Customs while executing the bond.

(2.) Petitioner was intercepted by the officers of the Customs alleging that the petitioner attempted to smuggle 3.50 kgs. of Silver colored metallic objects concealed inside a rice cooker and a hot plate. The authorities suspect petitioner is part of a large racket of smugglers importing gold and other items to India. Since the only issue before me is regarding the power of the Customs Authorities in detaining the passport, other details are not necessary for the purpose of adjudicating the issues involved in this Writ Petition.

(3.) Learned counsel for the petitioner relying on the judgment of the Madras High Court of Madhurai Bench in Kaja Mohaideen v. The Senior Intelligence Officer,2013 1 MadLJ(Cri) 720) submits that passport cannot be detained by the Customs Authority. However, the above judgment refers to the power of the Passport Authorities in impounding the passport. No doubt, I am of the view that the Passports Act, 1967 is a self contained Act and Customs Authorities have no power to impound any passport. On the other hand, the learned Standing Counsel for the Customs refers to a judgment of a Division Bench of this Court in Thomas v. Union of India, 1989 2 KerLT 292) and Santha Kumar v. Collector of Customs, 1989 2 KerLT 881) and submits that the Customs Authorities have power to detain passport in terms of S. 110(3) of the Customs Act. S. 110(3) lays down as follows: