IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 WP(C).No. 17144 of 2010(P) -------------------------- PETITIONER(S): --------------- ABDUL KAREEM POKU, PALLATHUMKAL HOUSE, AJANUR.P.O, KASARAGOD. BY ADV. SRI.P.A.AUGUSTIAN SRI.V.K.SATHYANATHAN SRI.T.R.JAGADEESH SRI.T.S.BIJU SMT.V.VIJITHA RESPONDENT(S): --------------- THE COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE, WILLINGTON ISLAND, COCHIN - 9. ADV. SRI.JOHN VARGHESE,SC,CEN.BOARD OF EXCIS FOR R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 17144 of 2010 ================== Dated this the 8th day of June, 2010 J U D G M E N T The petitioner imported a car. In respect of the same, proceedings were initiated for recovery of differential duty, fine and penalty. The matter was taken in appeal before the Commissioner of Customs (Appeals), who passed Ext.P3 order, wherein it was directed thus: “(a) The value of the Toyata Land Cruiser Car arrived at Rs.10,19,174/- by the lower authority is upheld. (b) In exercise of the powers conferred up on me under Sec. 125 of C.A. 1962, I grant an option to redeem the vehicle on payment of redemption fine amounting to Rs.2,00,000/- (Rupees two lakhs only). (c) The penalty under section 112(a) imposed on the appellant is reduced to Rs.75,000/- (Rupees seventy five thousand only) 2. The petitioner now submits that despite that order, the vehicle is not being released. 3. The learned Senior Standing Counsel appearing for the Central Excise and Customs submits that the Department has a right of appeal against Ext.P3 order and they are contemplating filing of an appeal. Pending filing of appeal, the vehicle cannot be released to the petitioner, is his contention. 4. I am not satisfied that the respondent can take his sweet time to file appeal and at the same time, keep the vehicle contrary to 2 the direction in Ext.P3. If they want to keep detaining the vehicle, they should immediately file and obtain appropriate interim orders from the Tribunal, which he has not done in this case. In the above circumstances, this writ petition is disposed of with a direction to the respondent to release the vehicle on the petitioner complying with Ext.P3 order. The respondent shall inform the petitioner the duty payable by the petitioner within one week from today, which shall also be paid by the petitioner. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge