DIRECTORATE OF REVENUE INTELLIGENCE Vs. FAIZAL K.

JUDGEMENT

(1.) By order dated 27.06.2016, the application filed by the respondent herein for interim release of a Honda City Car was allowed by the Additional Chief Judicial Magistrate (Economic Offences), Ernakulam. Being aggrieved, the Directorate of Revenue Intelligence (DRI) has filed this petition seeking to quash the said order.

(2.) From the records made available, it appears that the DRI received information that Sri.Muhammed Shinas, a ground staff of Air India, was indulging in smuggling of gold. A personal search was conducted and 5.6 kgs. of gold were recovered from his possession. He is alleged to have disclosed that the gold was entrusted with him by Sri.Kannan and Sri.Ibrahim, on their arrival from Abudhabi. The statement of Sri.Muhammed Shinas was recorded under Section 108 of the Customs Act, 1962 and he is alleged to have disclosed that he had smuggled gold for a certain Uvais with the assistance of other ground staffs. Uvais was taken into custody and his statement was recorded. He is alleged to have disclosed that he used to smuggle gold with the assistance of several persons, which include the respondent herein. When the respondent was questioned, he is alleged to have disclosed in his statement under Section 108 of the Act that the Honda Car bearing Reg. No.KL-23-M-3477 had been used on previous occasions for smuggling gold. The car was, in fact, registered in the name of Rihana, his wife. Since the vehicle was allegedly used for smuggling gold, the vehicle was seized and is now retained in the office of the Commissioner of Customs, Cochin. After his release on bail, an application was filed by him before the learned Magistrate as C.M.P No.2696 of 2019 seeking release of the vehicle, which was allowed.

(3.) Heard Sri.S.Manu, the learned standing counsel appearing for the petitioner, and Sri.Kishore.R., the learned counsel appearing for the respondent.