SHALU CHADHA Vs. ADDITIONAL COMMISSIONER OF CUSTOMS, GOA CUSTOM HOUSE, MARMAGAO GOA
LAWS(BOM)-2017-9-255
HIGH COURT OF BOMBAY
Decided on September 06,2017

Shalu Chadha Appellant
VERSUS
Additional Commissioner Of Customs, Goa Custom House, Marmagao Goa Respondents

JUDGEMENT

G.S. Patel J. - (1.) Rule. Respondents waive service. By consent, made returnable forthwith and taken up for hearing and final disposal.
(2.) The petition challenges the Order in Original dated 15th March 2017 issued by the Additional Commissioner of Customs, Custom House, Marmagoa. The Petitioners' case is that they were arrested on arrival at Dabolim airport on 12th March 2015 when they arrived in Goa on Qatar Airways flight No QR 522 from Dubai. The Petitioners' case is that while it is true that they were carrying gold, this was in no sense contraband and there was no attempt to smuggle gold. Their case is that they were denied the opportunity to declare their goods because they were purportedly arrested at the aerobridge ramp at the exit of the aircraft even before they arrived at the immigration counters and before they could approach the custom desks to declare their goods.
(3.) Mr Rodrigues is at some pains to point out that the Petitioners' passports were seized at the aerobridge and the inward immigrations stamps were placed by the immigration authorities upon the Petitioners' passports being tendered by the Custom officials and not the Petitioners themselves. Indeed the Petitioners were even given customs declaration forms, a matter that seems to have added to the confusion. Those forms contain a declaration by the Petitioners of their gold goods.;


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