IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C) No. 35017 of 2007(R) 1. KUNHI RAMAN, KUDINHERI HOUSE ... Petitioner Vs 1. THE COMMISSIONER OF CUSTOMS ... Respondent 2. ADDITIONAL COMMISSIONER OF CUSTOMS For Petitioner :SRI.P.A.AUGUSTIAN For Respondent : No Appearance The Hon'ble MR. Justice ANTONY DOMINIC Dated :01/12/2007 O R D E R ANTONY DOMINIC, J ------------------- W.P.(C)s. 35017/2007 & 35018/2007 -------------------- Dated this the 1st day of December, 2007 JUDGMENT
In these two writ petitions, petitioners who claim to
be employed in the Middle East have imported vehicles
which are lying with the customs pending adjudication.
Prayer made is for expediting the release of the vehciles.
2. In W.P.(C).35017, on instructions, the learned
Standing Counsel for the respondent submits that on
23.8.2007, petitioner had appeared before the
adjudicating authority and a statement was recorded and
that subsequently there was a change in the adjudicating
authority and therefore, the department has issued a
fresh summons to the petitioner. It is also stated that the
petitioner is required to appear before the adjudicating
authority between 3.12.2007 and 5.12.2007.
3. At that stage, learned counsel for the petitioner
submits that his first client has nothing more to state and
therefore, the department can proceed with the
W.P.(C).35017 & 35018/2007
adjudication with the statement that is already recorded.
I record this submission.
4. In view of this, I direct that the adjudicating
authority shall complete the adjudication and pass orders
as expeditiously as possible at any rate within a period of
four weeks from the date of receipt of a copy of this
5. In so far as W.P.(C).35018/2007 is concerned, in
that case also, the car imported by the petitioner is
awaiting clearance. It is submitted by the counsel for the
respondents that statement of the petitioner was
recorded and that subsequently he has retracted from
the statement given. In view of this, fresh summons has
to be issued.
6. There upon counsel for the petitioner submits that
in view of his previous bitter experience petitioner
would like to be accompanied by a counsel. This request
W.P.(C).35017 & 35018/2007
made by the petitioner is not opposed by the
7. Taking into account the submissions that are made
by both sides, this writ petition is also disposed of
directing that adjudication shall be completed by the
department within eight weeks from the date of receipt
of a copy of this judgment. In the meantime, if summons
is issued to the petitioner, he shall cooperate with the
adjudication and he will however be allowed to be
accompanied by a lawyer as and when summoned to
appear before the respondents.
Writ petitions are disposed of as above.