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Customs vs Jawid Khanzada on 12 October, 2021

Author: Subramonium Prasad

Bench: Subramonium Prasad

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CRL.M.C. 2511/2021
       CUSTOMS                                             ..... Petitioner
                          Through       Mr. Satish Kumar, Sr. Advocate

                          versus

       JAWID KHANZADA                                      ..... Respondent
                          Through       None.
       CORAM:
       HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
               ORDER

% 12.10.2021 HEARD THROGH VIDEO CONFERENCING CRL.M.A. 16399/2021 (Exemption) Allowed, subject to all just exceptions. CRL.M.C. 2511/2021 & CRL.M.A. 16400/2021

1. This petition under Section 482 Cr.P.C is directed against the order dated 09.07.2021, passed by the learned CMM, Patiala House Courts, granting permission to the respondent herein to visit abroad for a period of two months.

2. The learned counsel for the petitioner states that on 30.07.2021, during the adjudication proceedings against the petitioner, an order was passed by the Office of the Commissioner of Customs (Delhi Airport). Relevant portion of the said order reads as under:

"i) I deny the free allowance as admissible to Noticee-1, Mr. Jawid Khanzada for the various acts of commission 81, omission as discussed above;

ii) I order absolute confiscation of the above said seized gold weighing 1119 gins valued at Its.

44,200„02/- (Rupees Forty Four Lakh Twenty Thousand One Hundred and Way Two only) seized from the possession of the Noticee-1, Mr. Jawid Khanzada under Section 111(d), 111(i), 111(j), 111(1), 111(m) and 111(o) of the Customs Act, 1962;

iii) I impose a penalty of Rs. 4,40,000/- (Four Lakh Forty Thousand only) under Section 112(A), 112(B) of the Customs Act, 1962 and a penalty of Rs. 4,40,000/- (Four Lakh Forty Thousand only) under Section 114AA of the Customs Act, 1962 on the Noticee-1, Mr. Jawid Khanzada;

iv) I order the Noticee-1, Mr. Jawid Khanzada to deposit Customs duty @38.5% amounting to Rs. 4,51,439/- (Rupees Four Lakh Fifty One Thousand Four Hundred and Thirty Nine only) on 300 gms gold valued at Rs. 11,72,571/- (Rs. Eleven Lakh Seventy Two Thousand Five Hundred and Seventy One Only) smuggled into India during his previous visit under section 28 of the Customs Act, 1962 along with applicable interest under section 28AA of the Customs Act,1962;

3. The learned counsel for the petitioner states that if the petitioner is permitted to go to Afghanistan, he would not come back to the country and the amounts would not be recovered from him. He further states that the State intends to launch prosecution against the respondent pursuant to the orders on adjudication.

4. Issue Notice.

5. On petitioner's taking steps, let notice be served on the respondent through all permissible modes, including Dasti.

6. List on 10.11.2021.

7. Till the next date of hearing the order dated 30.07.2021 is stayed.

SUBRAMONIUM PRASAD, J OCTOBER 12, 2021 Rahul CRL.M.C. 2511/2021 Page 3 of 3