IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WP(C).No. 37165 of 2008(Y) -------------------------- PETITIONER(S): --------------- SAMEER KADAM KUNNUMMAL, S/O. MOHAMMED PALLIKANDIYIL, H. NO. 1/174, KUNHIKADAM KUNNUMMAL, POOKKOM, PANOOR POST, KANNUR - 670 692. BY ADV. SRI.P.M.HABEEB RESPONDENT(S): --------------- 1. SENIOR INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE, THYAG, NO. 6/1043-A, FRANCIS ROAD, CHALAPPURAM.P.O, KOZHIKODE. 2. JOINT COMMISSIONER (CUSTOMS) CALICUT. 3. ASSISTANT DIRECTOR, DIRECTORATE OF REVENUE INTELLIGENCE, CALICUT. ADV. SRI.TOJAN J.VATHIKULAM,SC,C.B. EXCISE FOR R2 SRI.THOMAS MATHEW NELLIMOOTTIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 37165 of 2008 ================== Dated this the 18th day of December, 2008 J U D G M E N T The petitioner has filed this writ petition seeking a direction to the respondents to release his passport detained on the ground of seizure of Iranian saffron from the petitioner in respect of which, proceedings under the provisions of the Customs Act are pending against the petitioner. The petitioner's contention is that since after proceedings the maximum that can be done is to impose penalty on the petitioner and the petitioner is prepared to furnish security for the fine amount. 2. The learned Standing Counsel appearing for respondents 1 and 3 submits that even after adjudication proceedings are concluded, apart from imposition of fine, in the adjudication proceedings prosecution can also be ordered and therefore, the petitioner has to furnish sufficient security for his presence before the appropriate criminal court, if prosecution is ordered and also for his presence during the adjudication proceedings. The standing counsel further submits that since the value of the goods is approximately Rs.30 lakhs, proportionate w.p.c.37165/08 2 security has to be furnished by the petitioner for releasing the passport. In view of the above contention of respondents 1 and 3, the learned counsel for the petitioner confines his prayer for a direction to the 2nd respondent to consider and pass orders on Ext.P3 expeditiously. 3. Having considered the facts and circumstances of the case, I dispose of this writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P3, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge