SYED JULBI Vs. COMMISSIONER OF CUSTOMS,JOINT COMMISSIONER OF CUSTOMS, CUSTOMS DIVISION,JOINT SECRETARY, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE AND ASSISTANT COMMISSIONER, OFFICE OF COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) The Petitioner has filed the present writ petition, challengingthe order of the 4th Respondent dated 07.12.2005 and after settingaside the same further seeks for a direction to return a sum ofRs.3,94,487/- together with accrued interest.

(2.) When the matter came up on 11.06.2007, notice was taken on behalf of the third Respondent. Subsequently, on behalf of the Respondents 1 and 2, Mr. Annamalai, learned Counsel appears. On behalf of R4, Mr. K.K. Senthilvelan, learned Assistant Solicitor General took notice.

(3.) The case of the Petitioner was that he went to Sharjha and returned to India on 25.04.2003 via Trichy Airport. On his arrival, he was intercepted by the Officers of Directorate of Revenue Intelligence at the arrival lounge of the Airport. On examining his baggages, it was found that the Petitioner had 100 Nos. of Nokia cell phones, 190 Nos. of Samsung cell phones and other accessories which was valued at Rs. 13,28,000/-. The goods seized from the Petitioner was recorded under a Mahazar on 25.04.2003. The Petitioner was also arrested for misdeclaring the goods under the provisions of the Customs Act, 1962. He was remanded to judicial custody. He was also detained under the provisions of the COFEPOSA Act for a period of one year due to the detention order.