Kochi, Oct 7 The Kerala High Court on Tuesday directed Mammootty’s actor son Dulquer Salmaan to approach the adjudicating authority under the Customs Act, 1962, for the provisional release of his Land Rover Defender, seized by Customs officials as part of 'Operation Numkhor'.
A bench of Justice Ziyad Rahman A.A., while hearing a writ petition filed by the actor, said 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 the question of interim custody of the seized vehicle must be considered under Section 110A of the Customs Act, which allows the owner to seek provisional release subject to furnishing security and conditions determined 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," it said.
The bench added that the authority should provide the petitioner or his representative an opportunity to be heard and take into account 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 made through a speaking order, detailing the reasons and referring to the documents and submissions produced.
In his petition, the actor stated that he had purchased the vehicle five years ago from Aarpee Promoters Pvt. Ltd., paying through formal banking channels.
He 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.
Section 110A has been introduced to protect bona fide owners, allowing provisional release of seized property during an investigation, balancing the right to possession with the government’s enforcement powers under customs law.
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