2022 (11) TMI 569 - HC - Customs

Court closes Writ Petition challenging gold seizure Press Release

The Court closed the Writ Petition challenging a Press Release regarding a gold seizure due to ongoing investigations under the Customs Act, 1962. The ... Smuggling - foreign marking gold bars - gold ingot - issuance of notice under Section 124 of the Customs Act, 1962 - HELD THAT:- Mr.Santhanaraman will assure the Court that the investigation will be completed and show cause notice under Section 124 of the Act issued within the time frame set out under Section 110(2) of the Act. This is recorded. He would, incidentally, point out that the presence of the petitioners may be required in the course of investigation itself, for which purpose, summons may be issued to them. Mr.Zahir Hussain, learned counsel for the petitioners would submit that presently there is a difficulty that the petitioners are facing in arriving in India on account of a ban on their arrival - Mr.Santhanaraman claims lack of knowledge of any such ban and would further assure the Court that summons, if issued, will be accompanied by all acts necessary to facilitate the arrival of the petitioners in India for the purpose of their appearance before the authorities. This is also recorded. It is made clear that the investigation shall be conducted in accordance with law and shall be videographed. The earlier orders of this Court to the effect that the respondents shall preserve the CCTV footages of the seizures as well as the movement of the petitioners within the Terminal is reiterated. The recording will be retained till conclusion of proceedings in entirety, including appeal/revision. The petitioners are at liberty to seek copies of the recordings (CCTV footage as well as the recordings by the Customs Authorities of the seizures) and such copies, if and when sought, shall be supplied upon payment of necessary charges. Petition closed. Issues: Challenge to Press Release dated 03.06.2022; Maintainability of the Writ Petition; Investigation under Customs Act, 1962; Issuance of Show Cause Notice under Section 124 of the Act; Difficulty faced by petitioners in arriving in India; Preservation of CCTV footage; Videographing of investigation; Supply of copies of recordings.Challenge to Press Release dated 03.06.2022:The Writ Petition challenged a Press Release dated 03.06.2022 regarding the seizure of 9.02 Kgs of gold bars valued at Rs.4.21 Crores by Chennai Air Customs. The petition raised concerns about the seizure made from the lavatory of a flight arriving from Dubai. The Court noted that the Press Release indicated ongoing investigations, rendering the challenge to it infructuous. Consequently, the Writ Petition was closed with no costs.Maintainability of the Writ Petition:Initially, the matter was examined for maintainability, and the respondents did not object to it. The respondents' counsels accepted notice and sought time to file counters. The Court directed the preservation of CCTV footage and listed the matter for further proceedings. Eventually, after completion of pleadings, the Court found the Writ Petition challenging the Press Release to be closed due to the ongoing investigations.Investigation under Customs Act, 1962 and Issuance of Show Cause Notice under Section 124:During the proceedings, it was highlighted that customs authorities were investigating the gold seizure and intended to issue a show cause notice under Section 124 of the Customs Act, 1962. The respondents assured the Court that the investigation would be completed within the statutory timeframe, and the necessary notice would be issued. The petitioners were informed that their presence might be required during the investigation, and summons would be issued accordingly.Difficulty faced by petitioners in arriving in India:The petitioners expressed difficulties in arriving in India due to a ban on their entry. The respondents claimed no knowledge of such a ban and assured the Court that necessary steps would be taken to facilitate the petitioners' arrival if required for the investigation process.Preservation of CCTV footage and Videographing of Investigation:The Court reiterated its earlier order directing the preservation of CCTV footage related to the seizures and the movement of the petitioners within the Terminal. It was mandated that the investigation be conducted in accordance with the law and videographed. The recordings were to be retained until the conclusion of all proceedings, including any appeals or revisions.Supply of copies of recordings:The petitioners were granted the liberty to request copies of the CCTV footage and recordings made by the Customs Authorities. Any such copies requested would be provided upon payment of necessary charges. This provision ensured transparency and access to relevant evidence for the petitioners.In conclusion, the judgment addressed the various issues raised in the Writ Petition, focusing on the legality of the gold seizure, the conduct of the investigation under the Customs Act, the petitioners' potential involvement, and the preservation and access to crucial evidence through CCTV footage and recordings.