Kunhi Raman vs The Commissioner Of Customs on 1 December, 2007

       

  

  

 
 
  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
2

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

judgment.

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
3

made by the petitioner is not opposed by the

respondents.

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.

ANTONY DOMINIC
Judge

mrcs