2016 (4) TMI 181

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....nai and working in Cine Field. On 23.10.2015, he boarded  Flight No.IX681 Air India Express at Trichy Airport at 12.30 hrs to return to Chennai. The petitioner arrived at Chennai Airport and he, being a Domestic Passenger, on his arrival,  even before going before the table, the petitioner was taken to Air Intelligence Unit Room, situated in the Arrival Hall and according to the petitioner, the authorities started threatening him, even though the petitioner had informed before the Airport Customs Officers that he is in possession of 1 Gold Bar and 3 Nos. of Gold Cut Pieces, totally weighing 446 grams. 3. According to the petitioner, the respondents threatened the petitioner to sign the statement, typed by the officers and only ....

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....n board the flight, to be smuggled out of Chennai Airport by concealing and not declaring to Customs and to be handed over to a received outside Chennai Airport, for which, he was offered Rs. 6,000/-. 6. Admittedly, the flight had arrived at Chennai from Singapore via Trichy. Further, the respondents have stated that the petitioner did not possess any valid documents for the gold and he had requested vide his letter dated 23.10.2015 that the case may be adjudicated and also for waiver of issue of show cause notice. 7. The learned counsel for the petitioner submitted that under Sec.2 (23) of the Customs Act, 1962  import  means bringing to India from a place outside India  and as per Sec.2(3) of the Act   smugg....

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.... petitioner had signed in Tamil. Whether the contents of the Mahazar was explained to the petitioner was not mentioned in the statement. Therefore, based on the Mahazar, it cannot be stated that the petitioner had admitted, as stated by the respondents, in their Counter. When the petitioner had signed the Mahazar in Tamil, the respondents should have explained the contents of the Mahazar to the petitioner in Tamil and also recorded the same in the Mahazar. Therefore, based on the statement, recorded by the respondents alone, it cannot be said that the petitioner had admitted that he was smuggling the gold. 11. The learned counsel for the petitioner submitted that this Court in W.P.No.1421 of 2011, by its Order dated 28.02.2011, in simila....

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....tio, laid down by the Division Bench of this Court, I am of the considered view that the petitioner can get the return of gold, weighing 446 grams, on deposit of 50% of the duty for the value of Gold and on such deposit, being made, the second respondent can be directed to release the gold. 16. Accordingly, the petitioner is directed to deposit 50% of the duty for the value of the gold, weighing 446 grams and on such deposit being made, the gold, in question, shall be released forthwith by the second respondent. 17. It is made clear that this Order will not come in the way of the respondents to entertain Show Cause Notice and decide the matter. 18. It is also made clear that the petitioner shall co-operate in the pending adjudicati....