T ELAVARASAN Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) Heard the learned Counsel appearing for the Petitioner and the learned Counsel appearing for the Respondents.

(2.) It has been stated that the Petitioner had purchased 7 gold chains (350 gms), vide Invoice No. 100047, dated 2.9.2010, from M/s. Arthesdam Jewellery, Singapore. The Petitioner had arrived at the Chennai airport, on 4.9.2010, along with the gold chains. Immediately, on his arrival he had declared before the Airport Customs Officers about the possession of the gold chains. However, without accepting the declaration made by the Petitioner they had taken his passport and they had threatened that he would be arrested it he did not sign the statement written by the customs officers. Thereafter, he was allowed to leave the airport.

(3.) It has been further stated that, in spite of the repeated requests made by the Petitioner, for the release of the gold jewels and to return his passport, the Superintendent of Air Intelligence Unit had issued summons to the Petitioner to appear before him, on 9.9.2010. The Petitioner had appeared before the Superintendent of Air Intelligence Unit, as per the summons. However, the gold jewellery had not been released, as per the relevant provisions of the Customs Act, 1962.