MUHAMMED SHAFEEQUE KUNNOOR Vs. JOINT COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) This is an application filed under Section 482 Cr.P.C.

(2.) On 19.04.2019, the petitioner herein, who was employed in Malaysia, reached Cochin Airport by Flight No.AK 39. He was intercepted by the customs authorities. On conducting search of his person, the customs officers found that he had concealed three gold chains inside the underwear worn by him. Alleging that he possessed dutiable goods and that he had not declared the goods, the gold chains were seized by the customs authorities. Since the petitioner waived show cause notice, he was heard in person by the Assistant Commissioner, Air Customs. After hearing, it was found by him that the petitioner had intentionally concealed the gold chains inside the underwear worn by him to evade customs duty and he ordered confiscation of the gold chains. An amount of Rs.20,000/- was also imposed as penalty on the petitioner.

(3.) The petitioner paid the amount of penalty. Thereafter, he filed an application under Section 451 Cr.P.C before the Magistrate's Court concerned for releasing the gold chains to him. As per Annexure-F order, learned Magistrate dismissed the application.