IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 WA.No.182 of 2008 --------------------------------------- AGAINST THE JUDGMENT IN WPC 37307/2007 Dated 11-1-2008 APPELLANT/PETITIONER:- ------------------------------------ EBRAHIM EBRAHIM MAMMU, THERUVATHU HOUSE, THALANGARA POST, NOW RESIDING AT VAHIDA MANZIL, CHOUKI, AZAD NAGAR, KODLU. BY ADV. SRI.P.A.AUGUSTIAN RESPONDENT/ RESPONDENT:- ------------------------------------------ THE COMMISSIONER OF CUSTOMS, CUSTOM HOUSE, WILLINGTON ISLAND, KOCHI 682 009. BY ADV. SRI.P.PARAMESWARAN NAIR,ASSISTANT .SOLICITOR GENERAL. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------------------ W.A.No.182 of 2008 ------------------------------------------------------- Dated, this the 5th day of February, 2008 JUDGMENT H.L.Dattu, C.J. The writ petition was filed by the petitioner for a direction to the respondent to release the Car imported by him on payment of customs duty as per the declared value. (2). The petitioner claims that he is residing abroad and while returning to India he had imported a Toyota Land Cruser Car. (3). The petitioner contends that there is undue delay on the part of the respondent in releasing the Car and further the vehicle is exposed to sunlight and dust which would cause considerable damage to the Car. It is further contended that the demurrage charge is also increasing day by day. (4). The respondent has filed a counter affidavit in the writ petition inter alia stating that the declared year of manufacture and the actual year of manufacture of the vehicle are different and that there is also tampering of Engine Number as also the Chasis Number and the statement given by the petitioner before the authority is that the vehicle was imported by somebody else by making use of the passport. (5). Considering the averments in the writ petition and the counter affidavit filed by the respondent, the learned Single Judge has thought it fit not to grant the reliefs sought by the petitioner. However, he has W.A.No.182/2008 -2- observed in his order that the respondent shall complete the enquiry and adjudication proceedings and pass final orders as expeditiously as possible. (6). Aggrieved by the said order passed by the learned Judge, the petitioner is before us in this appeal. (7). The learned counsel appearing for the appellant would contend that, the respondent ought to have passed a provisional order releasing the vehicle to the safe custody of the petitioner by accepting the customs duty since the petitioner is prepared to pay the same on the declared value of the car. (8). Per contra, Sri.P.Parameswaran Nair, learned counsel appearing for the respondent would submit that, for the present, provisional orders cannot be passed in the instant case since investigation requires to be done by the authorities. Further, the learned counsel would submit that, the stand of the petitioner was that he was the importer of the Car, but his name was misused by somebody else for importing. For this reason, according to the learned counsel, some time is required by the respondent to complete the investigation and then to pass final orders. (9). Taking into consideration all these aspects of the matter, in our opinion, for the present, we need not grant the reliefs sought by the appellant/petitioner. However, we make it clear that the respondent shall complete the investigation and enquiry and pass final orders as expeditiously as possible, at any rate within three months from today, if the petitioner co- operates with the Department. The appellant/petitioner is permitted to have W.A.No.182/2008 -3- the assistance of the learned counsel when he participates in the enquiry proceedings that may be held by the respondent as directed by us. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE MS/DK.