Kochi: The Kerala High Court on Tuesday directed actor Dulquer Salmaan to approach the adjudicating authority under the Customs Act, 1962, for the provisional release of his Land Rover Defender, which was seized by Customs officials during ‘Operation Numkhor’.
A bench of Justice Ziyad Rahman A.A., while hearing a writ petition filed by the actor, noted that the investigation into the alleged irregularities was still at a preliminary stage and that the court would not interfere with the probe at this juncture.
The court observed that requests for interim custody of seized vehicles fall under Section 110A of the Customs Act, which allows owners to seek provisional release by furnishing security and complying with conditions set by the competent authority.
“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 within one week,” the bench said.
The court added that the authority must provide the petitioner or his representative an opportunity to be heard and consider that the vehicle had been used and registered by various authorities over the past two decades.
It further clarified that since provisional release is a statutory right under normal circumstances, any rejection of the application must be communicated through a speaking order, detailing the reasons and referencing relevant documents and submissions.
In his petition, Dulquer Salmaan stated that he had purchased the vehicle five years ago from Aarpee Promoters Pvt. Ltd., making payment through formal banking channels, and claimed ownership in good faith, supported by customs clearance, invoices, and delivery documents.
The vehicle was originally imported by the International Committee of the Red Cross (ICRC), New Delhi, according to the bill of entry and invoice from Land Rover and Ford.
The court highlighted that Section 110A was introduced to protect bona fide owners, allowing provisional release of seized property during an investigation while balancing the right to possession with the government’s enforcement powers under customs law.
With IANS inputs