2006 (10) TMI 510 - HC - Customs

Court orders release of petitioner's passport post-conviction and penalty imposition

The court directed the respondent to release the petitioner's passport, as it was deemed irrelevant for further proceedings after the criminal conviction ... - Issues: Prosecution under u/s 132 and 135(1)(a) of Customs Act, 1962, imposition of penalty, release of passport.In the judgment, the petitioner was prosecuted u/s 132 and 135(1)(a) of the Customs Act, 1962, based on allegations of carrying various items while traveling. The petitioner was convicted and sentenced to imprisonment, which has already been served. Additionally, adjudication proceedings were initiated, resulting in a penalty of Rs. 7.5 lacs imposed on the petitioner. The petitioner sought the release of his passport after serving the imprisonment, but the request was denied by the learned ACMM, citing lack of authority to release the passport without the penalty being paid.Regarding the seizure of the passport u/s 110(3) of the Customs Act, it was noted that the passport could be seized if deemed useful for proceedings under the Act. However, since the criminal proceedings had concluded with a conviction and the penalty could be recovered through proper procedures, the passport was deemed irrelevant for further proceedings. Therefore, the court directed the respondent to release the passport of the petitioner, as holding it was no longer justified.In conclusion, the petition was disposed of with the direction for the release of the petitioner's passport.