The Kerala High Court directed the Customs Officers to release vehicle on failure to provisionally release vehicle kept in police station premise under Section 110A of the Customs Act, 1962.
The present Writ Petition has been filed by Shabin S, the petitioner under the Article 226 of the Constitution of India, sought the relief to issue a writ of mandamus or any other writ, order of direction to the 2nd respondent, Assistant Commissioner of Customs to provisionally release vehicle kept in the police station premise of the 3rd respondent, Station House Officer under Section 110A of the Customs Act to the petitioner as expeditiously as possible within a time limit as fixed by the High Court.
The Assistant Commissioner of Customs passed the order to release of the seized car bearing to Shabin S and also dropped the penalty proposed under sections 115 and 112(B) of the Customs Act.
A Single Bench of Justice Dinesh Kumar Singh observed that “In view of the reliefs granted to the petitioner, nothing is survived in this writ petition. The counsel for the petitioner however submitted that despite the aforesaid order by the Assistant Commissioner, the petitioner’s seized car has not been given to him.”
The Court concluded by noting that “In view thereof, respondent Nos. 1 and 2 are directed to give back the vehicle to the petitioner forthwith”.
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