Kochi: In a major relief for actor Dulquer Salmaan, the Kerala High Court on Tuesday upheld his rights to seek the release of his luxury car that had been seized by the Customs Department.
In the order, division bench of Justice Ziyad Rahman AA directed the actor to approach Customs seeking the provisional release of his Land Rover Defender, which was seized by officials as part of Operation Numkhor. The court observed that the petitioner could approach the adjudicatory authority with an application under Section 110A of the Customs Act.
It was on September 23, Customs officials raided Dulquer Salmaan's residence and seized his Land Rover Defender as part of Operation Numkhor -- a statewide crackdown on luxury vehicles smuggled into Kerala from Bhutan. On September 26, the actor approached the Kerala High Court seeking the release of his car, questioning the legality of the seizure and contending that he had purchased the vehicle legally.
While considering his plea on Tuesday, Justice Ziyad Rahman noted that the probe into the alleged smuggling of the vehicle was still in its initial phase. After a detailed hearing, the court upheld the petitioner's right to seek the release of his car and directed him to approach the Additional Commissioner of Customs in Kochi.
"Section 110A specifically contemplates a right for the person whose property is seized to obtain provisional release of the vehicle, subject to certain conditions and upon furnishing security as the adjudicating authority decides. Since such a provision exists, it is only proper for the petitioner to approach the adjudicating authority, the Additional Commissioner of Customs, Kochi. In such circumstances, it is ordered that, in case the petitioner submits an application under Section 110A, the same shall be considered by the competent authority, and appropriate orders shall be passed after giving the petitioner or his legal representative an opportunity of being heard within one week of submission of the application," observed the court.
"It is further directed that, while considering the said application, the fact that the vehicle has been registered by various registering authorities for the past 20 years shall be taken into account," the court ordered.
On hearing the petitioner's counsel, who requested that a speaking order be passed by the adjudicating authority, the court added:
"It is further clarified that, since the expression in Section 110A indicates that provisional release is a right of the petitioner under normal circumstances, any rejection of the petitioner's application can only be done by way of a speaking order with specific reference to the documents produced and the contentions raised."
In his writ petition, Dulquer Salmaan argued that he was the registered owner and in possession of the vehicle, which he had purchased in good faith from Aarpee Promoters Pvt. Ltd. nearly five years ago. He claimed that all payments were made through bank transactions and that the vehicle had been in his lawful use without incident.
As per documents produced before the court, the original importer was the International Committee of the Red Cross (ICRC), New Delhi, as reflected in the bill of entry and invoice from Land Rover and Ford. The petitioner also claimed he had been furnished with all relevant documents, including customs clearances, invoices, declarations, and delivery notes, at the time of purchase.
(With inputs from Live Law)