SYED JAFFER ALI HAN ABEDI Vs. PRINCIPAL COMMISSIONER OF CUSTOMS, LAL BAHADUR STADIUM, BASHIRBAGH HYDERABAD AND ANOTHER

JUDGEMENT

(1.) On 25.10.2013, the Officers of Customs (Air Intelligence Unit) at the Rajiv Gandhi International Airport, Hyderabad intercepted the petitioner at the exit gate, after he passed through the green channel with one hand baggage. On the ground that in the disembarkation slip, he left column No.6 as blank, without declaring the total value of the goods imported by him, the petitioner was allegedly questioned in the presence of independent witnesses. Thereafter, his statement is said to have been recorded from him on the same day, namely, 25.10.2013.

(2.) On the basis of the said statement, two independent proceedings were initiated, one for adjudication and another prosecuting before the Criminal Court. A show-cause notice dated 28.01.2014 was issued, which culminated in an order in original dated 31.07.2014. By the said order in original, the gold bar weighing about 1 Kg. and 1778 Carats of yellow sapphire stones, seized from the petitioner, were directed to be confiscated in terms of Sec. 111(1) of the Customs Act, 1962 (for short 'the Act'). For the purpose of easy appreciation, the operative portion of the order in original dated 31.07.2014 is extracted as follows:

(3.) We do not know whether the said order has been taken on appeal by the petitioner or not. Apart from the proceedings for adjudication, the Assistant Commissioner also launched prosecution by filing a complaint on the file of the Special Judge for Economic Offences, Hyderabad in C.C.No.44 of 2016, praying for imposition of suitable punishment upon the petitioner in accordance with the provisions of Sections 132, 135(1)(a) & (b) of the Act. It appears that the petitioner appeared before the Special Judge, he was released on bail and he is contesting the criminal case. It also appears that a petition for quashing the said complaint has been filed on the file of this Court under Sec. 482 of the Code of Criminal Procedure, 1973 and it is yet to be numbered.