E ABDUL RAHIMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) A Toyota Land Cruiser Jeep imported by the petitioner from U.A.E. was confiscated by the Customs under Section 111(d) and 111(m) of the Customs Act and was ordered to be released on payment of redemption fine and personal penalty as provided under Section 125 of the Customs Act.

(2.) I heard counsel appearing for the petitioner and Sri.P.Gopinatha Menon, Advocate appointed as Amicus Curie by this court to assist the court. Even though the O.P. was filed in 2002 and was pending for the last 5 years, no counter affidavit is filed on behalf of the respondents.

(3.) The question to be considered is whether penalty levied on Mr.Yahoo could be recovered from the petitioner or whether the imported vehicle could be retained by the Customs for recovery of the personal penalty levied on Sri.Yahoo.