IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 18475 of 2009(D) -------------------------------------- PETITIONER(S): ----------------------- UMER FAROQUE MOHAMMED HOUSE NO.163, ANJUMAN MAIN ROAD, BHATKAL, NORTH KANARA KARNATAKA NOW RESIDING AT HAJIRA MANSION, MUSA NAGAR.P.O. NEAR ISOPH MAZJITH, BHATKAL, KARNATAKA-581320. BY ADVS.MR.P.A.AUGUSTIAN MR.T.R.JAGADEESH MR.T.S.BIJU RESPONDENT(S): ------------------------- 1. COMMISSIONER OF CUSTOMS CUSTOMS HOUSE, W/ISLAND,COCHIN-9. 2. THE ADDITIONAL DIRECTOR OF REVENUE INTELLIGENCE DRI, XL/525 VILAKUNNEL, KAITHOTH ROAD, PALARIVATTOM COCHIN-682025. 3. ADDITIONAL DIRECTOR, DIRECTORATE OF REVENUE INTELLIGENCE, BHARATHI BHAVAN, BEJAI CHURCH ROAD, MANGALORE-574004. 4. THE CHAIRMAN, COCHIN PORT TRUST W/ISLAND, COCHIN-9. 5. THE UNION OF INDIA REP. BY THE SECRETARY, MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) NORTH BLOCK, NEW DELHI-110001. R1 BY ADV. MR.TOJAN J.VATHIKULAM,SC,C.B. EXCISE, MR.ABRAHAM THOMAS,SC,CENTRAL BOARD-EXC . R4 BY ADV. MR.E.K.NANDAKUMAR, MR.A.K.JAYASANKAR NAMBIAR, MR.K.JOHN MATHAI, MR.P.BENNY THOMAS, MR.ANIL D. NAIR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.18475 of 2009 - D ---------------------------------------- Dated 15th October, 2009 Judgment The petitioner imported a used VOLKSWAGON Beetle car through the Cochin Port in July, 2008. The grievance voiced in this writ petition is that till date, notwithstanding his willingness to pay the customs duty, fine and penalty and also the demurrage charges, the Customs Department has not released the vehicle to him. The learned standing counsel appearing for the Central Board of Excise and Customs and the Directorate of Revenue Intelligence submits on instructions that an enquiry by the Directorate of Revenue Intelligence is underway at Mangalore and that the car imported by the petitioner is also the subject matter of the said enquiry. He submits that if the petitioner will co-operate with the enquiry, the Directorate of Revenue Intelligence will complete the enquiry within one month from today. Sri.Tojan J. Vathikulam, the learned standing counsel appearing for the Central Board of Excise and Customs submits that after the Directorate of Revenue W.P.(C) No.18475/2009 2 Intelligence finalises the enquiry, adjudication orders will be passed within another two months thereafter. I accordingly dispose of this writ petition with a direction to the third respondent to finalise the enquiry being conducted by him within one month and to communicate the findings of the enquiry to the first respondent. The first respondent shall within another two months thereafter finalise the adjudication proceedings with notice to the petitioner and after affording him a reasonable opportunity of being heard. P.N.RAVINDRAN Judge vaa