The Kerala High Court on Tuesday directed the Customs Department to decide on actor-producer Dulquer Salmaan’s plea for the provisional release of his seized 2004 Land Rover Defender within a week of receiving his application.
Justice Ziyad Rahman AA passed the interim order while hearing Dulquer’s petition challenging the seizure of his vehicle during a statewide Customs operation against allegedly smuggled luxury cars imported from Bhutan.
The Court noted that Dulquer has the right to seek provisional release under Section 110A of the Customs Act and that any rejection of his plea must be through a reasoned order. “Provisional release is a right of the petitioner under normal circumstances. In case his application is rejected, the same can only be done through a speaking order with reference to the documents produced and the contentions raised,” the order stated.
Justice Rahman also questioned the Customs Department’s decision to seize the car without providing specific reasons. “So you can say ‘reasonable belief’ and seize anything? You are depriving a person of his property,” the judge observed, adding that even in sealed cover, Customs had failed to provide clear grounds for seizure.
The Court directed that while deciding Dulquer’s request, the department must consider the fact that the vehicle had been duly registered and used for nearly two decades. It further asked whether retaining physical possession of the car was necessary for the investigation, given that it had been plying in public for years.
Dulquer, represented by senior counsel A Kumar and a team of advocates, argued that the seizure was arbitrary and ignored valid documents proving lawful purchase and payment of duties. He said prolonged custody would cause irreparable damage to the vehicle without serving any public interest.
The car was seized during Operation Numkhor, under which Customs has confiscated dozens of vehicles suspected to have been imported from Bhutan using forged documents.
