Kerala High Court Asks Actor Dulquer Salmaan To Approach Customs Authority Seeking Provisional Release Of Seized Vehicle

The Kerala High Court on Tuesday (October 7) asked actor Dulquer Salmaan to approach the authority under the Customs Act seeking the provisional release of his Land Rover Defender, which was seized by Customs officials as part of Operation Numkhor.The Court asked the actor to approach the adjudicatory authority under the Customs Act with an application under Section 110A of the Customs Act. The authority was directed to pass a reasoned order if provisional custody was refused.After a detailed hearing, Justice Ziyad Rahman A.A. observed:"I am of the view that as far as the issue to be considered is concerned, it has to be gone into after a detailed hearing. Moreover, as rightly pointed out by the learned standing counsel for the respondents, the investigation is only at the initial stage and it is not proper for this court to enter into any finding on the necessity to continue such investigation. Therefore, what is to be considered at this stage is the order to be passed as far as interim custody of the vehicle is concerned. Section 110A specifically contemplates a right for the person whose property is seized, to get provisional release of the vehicle subject to certain conditions and upon furnishing security as the adjudicating authority decides. Since such a provision is there, it is only proper for the petitioner to approach the adjudicating authority Addl. Commissioner of Customs, Kochi. 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 by giving the petitioner or his legal representative an opportunity of being heard within a period of one week of submission of the application. It is further directed that while considering the said application, the fact that the vehicle was being...on the basis of the registration provided by various registering authorities for the past 20 years is to be taken into account." On hearing the petitioner's counsel that a direction for a speaking order may be passed by the adjudicating authority the Court added:"It is further clarified that, since going by the expression in Section 110A, the provisional release is a right of the petitioner under normal circumstances, in case the application of the petitioner is being rejected, the same can only be done only by a speaking order with specific reference to the documents produced and the contentions raised."In his writ petition, the actor said that he was the registered owner and in possession of the vehicle, which he purchased in good faith from Aarpee Promoters Pvt. Ltd. nearly five years ago. He states that all payments were made through bank transactions, and the vehicle had been in his lawful use without incident.According to documents filed, the original importer was the International Committee of the Red Cross (ICRC), New Delhi, as reflected in the bill of entry and invoice from Land Rover and Ford. The petitioner claims he was furnished with all relevant documents, including customs clearances, invoices, declarations, and delivery notes, at the time of purchase.Also from today's hearing - “What Evidence You Have? No Information Even In Sealed Cover”: Kerala High Court Questions Customs' Seizure Of Dulquer Salmaan's CarCase Title: Dulquer Salman v. Commissioner and OthersCase No: WP(C) 35869/ 2025Counsel for Petitioner: A Kumar (Sr.), G Mini, P Fazil, Saju Thaliath, V V Jayasree, Jithin Paul Varghese, C Prabhitha, Fadil Fazil, Aswathy Jayachandran, Akshaya Thomas

Kerala High Court Asks Actor Dulquer Salmaan To Approach Customs Authority Seeking Provisional Release Of Seized Vehicle

K. Salma Jennath

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