The Kerala High Court directed to re-export the seized gold ornaments given the position that the Power of Attorney was executed as the petitioner is bedridden.
The Customs Authorities seized the gold items weighing two bangles (88.75 Grams) and one gold chain (62.95 Grams) on 01.08.2023 at the Cochin International Airport from the petitioner. It appears that, in the adjudication order, the gold items seized from the petitioner were released in her favour and permission was granted to re-export the gold.
The counsel for the petitioner submitted that the petitioner is bedridden and therefore she is not able to appear before the Custom Authorities for re-exporting the gold items seized from her which were released in her favour. The petitioner has executed a special Power of Attorney in favour of Chettakkandi Shijesh authorising him to re-export the gold ornaments seized from the petitioner on 01.08.2023.
P.G.Jayashankar, Standing Counsel for the Department fairly submitted that there is no bar to act upon the special Power of Attorney, but the petitioner is required to furnish the trivial details to the department
A Single Bench of Justice Dinesh Kumar Singh observed that “In view of the aforesaid submission, the present writ petition is disposed of with a direction to the respondents to allow re-export of the gold ornaments seized from the petitioner on 01.08.2023 which were released in her favour, through the authorised person, as per the special Power of Attorney executed in Ext.P5 to the writ petition. The petitioner should submit all the details which may be required by the Customs Authorities for re-exporting the gold ornaments seized from the petitioner.”
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