IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 WP(C).No. 8476 of 2008(H) ------------------------- PETITIONER: -------------- M.P. KUNHI MOHAMMED @ KUNJAPPA, AGED 48 YEARS, S/O. MOHAMED KUTTY, MANGATTU PALLIMALIL HOUSE, AREEKODU DESOM, THALAKADATHUR P.O., TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.JAMES ABRAHAM (VILAYAKATTU) RESPONDENT: ---------------- THE COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE COCHIN. BY SRI.P.PARAMESWARAN NAIR, ASG THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 8476 OF 2008 H ==================== Dated this the 4th day of April, 2008 J U D G M E N T The prayer sought for in this writ petition is to quash Ext.P2 and to direct the respondent to permit the petitioner to redeem the lorry bearing Regn.No.KL 10 D 216 based on Ext.P1 order. As is evident from Ext.P1, the aforesaid lorry was ordered to be confiscated, but was allowed to be redeemed on payment of fine of Rs.1 lakh. Petitioner has no dispute about that part of the order. However, in so far as a personal penalty of Rs.6 lakhs has been imposed on him, petitioner has filed an appeal before the Customs,Excise and Service Tax Appellate Tribunal, Bangalore. It is on account of the pendency of that appeal, the release of the lorry has been declined as per Ext.P2. 2. From the facts as stated above, it is evident that the petitioner is accepting Ext.P1 to the extent redemption fine has been imposed on him. For the only reason that he has challenged the personal penalty imposed, he should not be deprived of the benefit of redemption that has been ordered. 3. In view of this, I cannot uphold Ext.P2. The writ petition is WPC 8476/08 :2 : disposed of directing that on the petitioner remitting the redemption fine ordered in Ext.P1, the lorry bearing Regn.No.KL10 D 216 owned by the petitioner shall be released to him. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp