ASSISTANT COLLECTOR OF CUSTOMS MADRAS Vs. ABDUL SAMATHU

JUDGEMENT

(1.) THIS is a petition to set aside the order of the Additional Chief Metropolitan Magistrate (E.O.II), Egmore, Madras in M.P. 636 of 1954, directing the return to the respondent of his passport. The respondent there in the Assistant Collector of Customs House, Madras, is the petitioner herein.

(2.) THE respondent accused is a citizen of Singapore and holds a passport issued by the Government of the Republic of Singapore. On 21-3-1984, at about 9-30 p.m. the respondent accused arrived at the Madras Airport from Singapore by Air India flight. His baggage consisted of one suit case, one hand bag, two polythene hand bags and one carton containing Sony Television and made a declaration in respect thereof. His oral declaration was accepted by the Customs Officer with regard to the contents and the value and a sum of Rs. 14, 680, was levied as customs duty. THE respondent immediately paid the amount under the receipt No. 16266, dated 21-3-1984. While he was about to leave the Airport, he was intercepted by an Intelligence Officer of Customs and his baggage was opened and examined in the presence of witnesses. THE Sony colour television in the carton weighed heavily and hence the Customs Officer unscrewed the back cover and found three packets pasted with black adhesive tapes inside the right and left side walls of the television. One packet contained gold jewellery viz., 10 bangles, one pair of ear rings studded with red and white stones, one gold pendent, two gold necklaces, two small necklaces and one bracelet. Each of the other two packets contained 2 one kilo gold bars. All the 4 gold bars bore foreign marks 'Johnson Mathey-9999-London-1 kilo'. THE jewellery was worth Rs. 51638, and the gold bars Rs. 8, 18, 000 in all Rs. 8, 69, 638. THE accused was not in possession of a valid permit for the importation of gold and gold jewellery in India and has imported them in violation of the provisions of the Foreign Exchange Regulation Act and the Customs Act. He also failed to declare his goods and had kept concealed them inside the colour television. All the goods were, therefore, seized and the accused was arrested. His passport was also seized and it has since been produced into the Court below. He was sent for remand the next day.

(3.) THE matter came up before the Court of Session, Madras, and the department strongly objected to his release on bail on the ground that the accused had smuggled gold worth about Rs. 9 lakhs, that he was a foreigner and he might leave the country for good. THE learned Additional Sessions Judge took into consideration the fact that the passport of the accused had been seized by the Customs Officials and hence released the respondent on bail on condition that he should report before the Assistant Collector, Madras, daily. Subsequently, the condition has been relaxed. THEreafter, are the accused was detained under COFEPOSA on 14-9-1984, but was released by this Court on 1-12-1984 according to the learned Public Prosecutor appearing for the department, on technical grounds. On 11-12-1984, the respondent-accused filed an application before the Additional Chief Metropolitan Magistrate (E.O.II), Egmore Madras, in Cr. M.P. 636 of 1984, for the return of his passport to enable him to go to Singapore. He urged that during his detention under COFEPOSA, his father died in Singapore, on 6-10-1984, and he wanted to go to Singapore to see his mother and look after the business interests of his father. He further contended that his passport expired in January 1985, and he had to be present in Singapore for the renewal of the passport, as otherwise, he would forfeit his citizenship and suffer irreparable loss and injury. THE application was opposed by the department. But the learned Additional Chief Metropolitan Magistrate directed the return of the passport. It is against this order that the department has preferred this petition.