IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 8476 of 2008(H)
1. M.P. KUNHI MOHAMMED @ KUNJAPPA,
... Petitioner
Vs
1. THE COMMISSIONER OF CUSTOMS,
... Respondent
For Petitioner :SRI.JAMES ABRAHAM (VILAYAKATTU)
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :04/04/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 8476 OF 2008 H
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Dated this the 4th day of April, 2008
J U D G M E N T
The prayer sought for in this writ petition is to quash Ext.P2 and to
direct the respondent to permit the petitioner to redeem the lorry bearing
Regn.No.KL 10 D 216 based on Ext.P1 order. As is evident from Ext.P1,
the aforesaid lorry was ordered to be confiscated, but was allowed to be
redeemed on payment of fine of Rs.1 lakh. Petitioner has no dispute
about that part of the order. However, in so far as a personal penalty of
Rs.6 lakhs has been imposed on him, petitioner has filed an appeal before
the Customs,Excise and Service Tax Appellate Tribunal, Bangalore. It is
on account of the pendency of that appeal, the release of the lorry has
been declined as per Ext.P2.
2. From the facts as stated above, it is evident that the petitioner
is accepting Ext.P1 to the extent redemption fine has been imposed on
him. For the only reason that he has challenged the personal penalty
imposed, he should not be deprived of the benefit of redemption that has
been ordered.
3. In view of this, I cannot uphold Ext.P2. The writ petition is
WPC 8476/08
:2 :
disposed of directing that on the petitioner remitting the redemption fine
ordered in Ext.P1, the lorry bearing Regn.No.KL10 D 216 owned by the
petitioner shall be released to him.
Writ petition is disposed of as above.
ANTONY DOMINIC,JUDGE.
Rp