2018 (10) TMI 1943

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....E HONOURABLE MRS.JUSTICE T. KRISHNAVALLI For the Appellant : Mr. B. Vijay Karthikeyan For the Respondent : Mr. A.K. Jayaraj JUDGMENT [PUSHPA SATHYANARAYANA, J.] The writ appeal is directed against the order dated 21.02.2018 passed by the learned single Judge in W.P(MD)No.3124 of 2018. 2. The writ petition was filed by the respondent / writ petitioner for quashing the seizure orde....

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....rry gold weighing 152.500 gms. According to them, she had attempted to smuggle 24 ct. gold unfinished gold chain and two unfinished gold bangles. It is further contented that the respondent had violated the Baggage Rules 2016. 6. He would further submit that the allowance for jewellery in terms of Rule 5 of the Baggage Rules, 2016, is that a person residing abroad for more than one year, on ret....

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....g the appellants to release the seized items forthwith. It is also further stated that it was open to the authorities to initiate appropriate action in accordance with Section 124 of the Customs Act, 1962. The said order was passed in February, 2018. Admittedly, no progress in the proceedings has been shown. Though the release of the seized items was directed to be given forthwith on deposit of th....

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....The said decision was pressed into service for the purpose that gold as such, is a prohibited item and the same could not be released on payment of redemption fine and duty, if the person carried it for somebody else. 10. In reply, the learned counsel for the respondent cited various authorities of this Court and stated that it is only the release of the seized goods ordered whereas, the procee....