IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 WP(C).No. 21343 of 2011(P) -------------------------- PETITIONER(S): --------------- SHRI.THAIVALAPPU MOIDEENKUTTY AHAMMED, S/O.MOIDEENKUTTY, RESIDING AT PUTHUR HOUSE, BENDICHAL P.O., THEKKIL CHENGALA VIA, KASARAGOD DISTRICT, PIN-671 541. BY ADV. SRI.M.S.SAJEEV KUMAR RESPONDENT(S): --------------- 1. COMMISSIONER OF CUSTOMS (APPEALS), C.R.BUILDINGS, I.S.PRESS ROAD, ERNAKULAM, KERALA, PIN-682 018. 2. DEPUTY COMMISSIONER OF CUSTOMS, AIR CUSTOMS, CALICUR AIR PORT, KARIPUR-673 647. ADV. SRI.SAIBY JOSE KIDANGOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21343 of 2011(P) APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : COPY OF THE ORDER-IN-ORIGINAL IN O.S.NO.41/2011 DTD.12.7.2011 EXT.P2: COPYO F THE RECEIPT NO.8596 DTD.12.7.2011 EXT.P3: COPY OF THE APPEAL DTD.28.7.2011 EXT.P4: COPY OF THE APPLICATION FOR PROVISIONAL RELEASE DTD.28.7.2011 EXT.P5: COPY OF THE APPLICATION FOR EARLY POSTING DTD.28.7.2011 EXT.P6: COPY OF THE APPLICATION FOR REVIEW DTD.19.7.2011 EXT.P7: COPY OF THE APPLICATION DTD.19.7.2011 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE ANTONY DOMINIC, J --------------------------------------- W.P(C) No.21343 of 2011 ---------------------------------------- Dated this the 16th day of August, 2011. J U D G M E N T In so far as W.P(C) No.21343/2011 is concerned, the issue raised is similar in all respects with the facts as noticed by this Court in the judgment in W.P(C) No.21342/2011. 2. Here also the petitioner confines his prayer for expeditious disposal of Ext.P3 appeal and to release 90 pieces of Parda. As already held, since it is not a prohibited article, the petitioner is entitled to get the clothe released, on payment of redemption fine in terms of the provisions contained under Section 125 of the Customs Act. 3. Therefore, it is directed that Ext.P3 appeal filed by the petitioner will be disposed of as expeditiously as possible within seven days from the date of production of a copy of this judgment, orders under Section 125 of the Customs Act will be passed in so far as 90 pieces of Parda confiscated by Ext.P1 order. The Writ Petition is disposed of. ANTONY DOMINIC JUDGE