YAMAL MANOJBHAI versus UNION OF INDIA & ORS

Citation: [2023] 4 S.C.R. 916 · Decided: 04-05-2023 · Supreme Court of India · Bench: KRISHNA MURARI · Disposal: Matter referred to larger bench
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YAMAL MANOJBHAI
v.
UNION OF INDIA & ORS.
(Writ Petition (Crl.) No. 55 of 2023)
MAY 04, 2023
[KRISHNA MURARI AND SANJAY KAROL, JJ.]
Customs Act, 1962 – ss.123, 127B – Seized goods specified
u/s.123, remedy of settlement u/s.127B if available – Held: Per Krishna
Murari, J. In cases of seizure within the customs area, s.123 cannot
apply and the accused is entitled to the remedy of settlement –
Decision passed by the Bombay High Court in Suresh Raheja case
states the correct position of law – Per Sanjay Karol, J. Proviso to
s.127B(1) specifies certain categories of goods that are barred from
the jurisdiction of the settlement commission including goods
mentioned u/s.123 and goods relating to NDPS Act – Thus, s.127B
would not apply for settlement in respect of the goods enumerated
u/s.123 – In view of divergence of opinion, matter to be placed
before the Chief Justice of India for appropriate orders –
Constitution of India – Article 21.
Union of India vs Suresh Raheja & Ors. 2011 (267)
E.L.T. 487 (Bom.) – approved.
Lilavati Bai v. State Of Mysore AIR 1957 SC 521 :
[1957] SCR 721 – referred to.
Additional Commissioner of Customs v. Ram Niwas Verma
2015 SCC Online Del 11542; Commissioner of Customs
v. Avinash Dawar & Anr. 2015 SCC Online Del 13875;
Commissioner of Customs v. Jyotsana Chikersal & Anr.
2019 SCC Online Del 6574; Additional Commission of
Customs vs. Ashok Kumar 2016 (336) E.L.T 224 (Del);
Tata Teleservices (Maharashtra) Ltd vs. Union Of India
2006 (201) ELT 529 (Bom) – referred to.
Commissioner of Customs v. M. Ambalal (2011) 2 SCC
74 : [2010] 15 SCR 937; Northern Corporation v. Union
of India (1990) 4 SCC 239 : [1990] 3 SCR 621; Dalip
Singh v. State of U.P. and Ors. (2010) 2 SCC 114 :
[2009] 16 SCR 111 – referred to.
Union of India v. Suresh Raheja 2011 (267) E.L.T. 487
(Bom.); Additional Commissioner of Customs v. Ram
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Niwas Verma 2015 SCC Online Del 11542;
Commissioner of Customs v. Avinash Dawar and Anr.
2015 SCC Online Del 13875; Commissioner of Customs
v. Jyotsna Chikersal and Anr. 2019 SCC Online Del
6574; Commissioner of Customs v. Ashok Kumar Jain
2013 (292) ELT 32 (Del.) – referred to.
Case Law Reference
In the judgment of KRISHNA MURARI, J.
[1957] SCR 721
referred to
Para 40
In the judgment of SANJAY KAROL, J.
[2010] 15 SCR 937
referred to
Para 3
[1990] 3 SCR 621
referred to
Para 30
[2009] 16 SCR 111
referred to
Para 31
CRIMINAL ORIGINAL JURISDICTION :  Writ Petition
(Criminal) No.55 of 2023.
(Under Article 32 of The Constitution of India)
V. S. Nankani, Sr. Adv., Ashish Batra, Advs. for the Petitioner.
K. M. Nataraj, N. Venkatraman, ASGs, Vatsal Joshi, Raghav
Sharma, Rajat Sharma, A. K. Sharma, Mukesh Kumar Maroria, V. C.
Bharathi, Rupesh Kumar, H. R. Rao, A. K. Kaul, Ranjit Kant, Ms.
Aakansha Kaul, Advs. for the Respondents.
The Judgments* of the Court were delivered by
KRISHNA MURARI, J.
1. The present writ petition filed under Article 32 of the Constitution
of India raises an issue of huge importance of personal liberty under
Article 21 of the Constitution of India, regarding the right of an accused
under the Customs Act, 1962 (hereinafter referred to as the ‘Customs
Act’) to settle the dispute as per provisions contained under chapter
XIV A of the Customs Act.
2. The writ petitioner, who is a Non-Resident Indian (for short,
‘NRI’), was arrested on 04.10.2022 at the Delhi International Airport. It
is the case of the respondent that petitioner had tried to smuggle high
value goods, mainly watches through the green channel entrance, in
order to escape from paying duty on the same.
YAMAL MANOJBHAI v. UNION OF INDIA & ORS.
* Ed. Note: In view of divergence of opinion in terms of separate judgments pronounced
by Hon’ble Mr. Justice Krishna Murari and Hon’ble Mr. Justice Sanjay Karol, the
matter was directed to be placed Hon’ble the Chief Justice of India for appropriate
orders.
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3. On suspicion of the petitioner trying to smuggle goods through
customs, a detailed examination of the person and baggage of the
petitioner was conducted, and it resulted in the recovery of seven wrist
watches, along with a few other high value goods. Since the petitioner
appeared to have committed offences under Sections 132 and 135 of
the Customs act, he was arrested on 05.10.2022. After the arrest, the
petitioner herein then filed the present writ petition, wherein h
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