Inherent criminal jurisdiction cannot bypass customs confiscation remedies where disputed facts and a statutory appeal under the Customs Act exist.

A petition under Section 482 CrPC could not be used to challenge customs confiscation of gold chains or to secure their release where the dispute turned on contested facts about concealment and declaration. The confiscation scheme under Sections 111 and 112 Customs Act meant that, once confiscation was ordered, the goods vested in the Central Government under Section 126(1), and any restoration had to be considered under Section 125. Because an appellate remedy was available under Section 128(1), the court held that inherent criminal jurisdiction was not maintainable for the relief sought and the petitioner had to pursue the statutory appeal.

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Issues: Whether a petition under Section 482 of the Code of Criminal Procedure, 1973 could be entertained to challenge confiscation of gold chains by customs authorities and to obtain release of the goods, when the dispute involved contested questions of fact and an appellate remedy was available under the Customs Act, 1962.

Analysis: The petition required determination of factual disputes as to whether the petitioner had concealed the gold chains and whether he had declared them, which could not be adjudicated in proceedings under Section 482 of the Code of Criminal Procedure, 1973. The customs order of confiscation was made under the scheme of Sections 111 and 112 of the Customs Act, 1962, and once confiscation is ordered, Section 126(1) provides that the goods vest in the Central Government. Any restoration of confiscated goods must be considered within the framework of Section 125 of the Customs Act, 1962. The statute also provides an appellate remedy under Section 128(1) of the Customs Act, 1962 against the decision of a customs officer below the rank specified therein.

Conclusion: The petition under Section 482 of the Code of Criminal Procedure, 1973 was not maintainable for the relief sought, and the petitioner was relegated to the statutory appellate remedy under the Customs Act, 1962.

Ratio Decidendi: Where a statutory appeal is available under the Customs Act, 1962, disputed questions of fact relating to confiscation cannot be examined in inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973.

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