ABDULLA KALINGAL ANDU Vs. UNION OF INDIA

JUDGEMENT

(1.) Shri R.M. Agarwal, learned counsel appearing for the Respondents, on taking instructions, states that the ownership of gold and silver is not a criterion for its eligibility to be imported by the passenger under the Gold Import Scheme. Accordingly incoming passengers can import the gold so long as they satisfy the conditions of stay abroad and those relating to payment of duty in foreign exchange.

(2.) In view of the above statement, the present prosecution does not survive and the petitioner is entitled for order of discharge. The prosecution sought to be initiated against the petitioner is quashed. Bail bond of the petitioner to stand cancelled and cash security, if paid, will be returned to the petitioner. Similarly gold and silver seized from possession of the petitioner including related documents and passport be returned to the petitioner forthwith. Rule made absolute.