P O THOMAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners in these cases are Keralites working in West Asia. They returned to Kerala on short leave and arrived at Trivandrum Air Port on different dates. It is reported that substantial quantities of primary gold were seized from them by the Customs Authorities under S.110 of the Customs Act, 1962 (for short 'the Act') and they were duly arrested and produced before the Additional Chief Judicial Magistrate (Economic Offences), Ernakulam and were remanded initially but were released on bail subsequently. Their passports and return air tickets were seized as documents which in the opinion of the Customs Authorities will be "useful or relevant to proceedings under the Act". Petitioners filed separate petitions before the Court of Additional Chief Judicial Magistrate (E.O.), Ernakulam requesting the court to direct the Customs Authorities to release the passports and return air tickets. Petitions were dismissed on the ground that the Magistrate had no jurisdiction to issue such direction. Petitioners have filed these petitions under S.482 of the Code of Criminal Procedure (for short 'the Code') seeking direction to the Customs Authorities to return the passports and the return air tickets.

(2.) In Crl. M.C. Nos. 386/1989 and 393/1989 interim orders have been passed to release the passports and air tickets of the petitioners on execution of bond for Rs. 50,000/- with two solvent sureties for the like sum to the satisfaction of the Collector of Customs, Cochin with the condition that the petitioners shall return to India within five weeks from the date of release of the passport and report before the Collector of Central Excise and Customs.

(3.) The learned single Judge before whom these cases came up for consideration adjourned the cases to be heard by a Division Bench in view of the importance, of the question involved.