- 1 - HC-KAR NC: 2025:KHC:41596 WP No. 14328 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.14328 OF 2025 (T-CUS) BETWEEN: SRI MUMAMMED NAFIL AGED ABOUT 27 YEARS PANDIKASHALA HOUSE PALAYAM, CHAKKARAKKAL, MAMBA PO, KANNUR-670611, KERALA. …PETITIONER (BY SRI. SRINIVAS PRASAD K.V., ADVOCATE) AND: 1. THE COMMISSIONER OF CUSTOMS AIRPORT AND ACC CUSTOMS COMMISSIONERATE, KEMPEGOWDA INTERNATIONAL AIRPORT DEVANAHALLI, BENGALURU – 560 300. 2. THE COMMANDANT, CENTRAL INDUSTRIAL SECURITY FORCE, KEMPEGOWDA INTERNATIONAL AIRPORT DEVANAHALLI, BENGALURU – 560 300. 3. THE JOINT DIRECTOR, BUREAU OF CIVIL AVIATION SECURITY KEMPEGOWDA INTERNATIONAL AIRPORT DEVANAHALLI, BENGALURU – 560 300. …RESPONDENTS (BY SRI. ARAVIND V. CHAVAN, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING FOR A DIRECTION FOR RELEASE THE MOBILE SEIZED ON PAYMENT OF DUTY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41596 WP No. 14328 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: “(a) Issue a writ of mandamus or any other appropriate writ order or direction for release of mobile seized on payment of duty. (b) Pass such other order or direction as deemed fit and proper by this Hon’ble Court in the facts and circumstances of the case, in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. Learned counsel for the petitioner submits that the subject goods of the petitioner having been detained vide Detention Memo dated 03.04.2025 and having been seized vide Seizure Memo dated 31.07.2025 in the light of Section 110(1) of the Customs Act, the respondents having not issued any notice to the petitioner in terms of Section 144(2) of the Customs Act, are liable to release the subject goods in favour of the petitioner. - 3 - HC-KAR NC: 2025:KHC:41596 WP No. 14328 of 2025 4. Per contra, learned counsel for the revenue would reiterate the various contentions urged in the statement of objections and submits that the respondents have already issued a Show Cause Notice dated 18.08.2025 under Section 124 of the Customs Act and nothing further survives in the present petition. 5. In view of the aforesaid facts and circumstances and the material on record which indicates that the respondents have already issued a Show Cause Notice dated 18.08.2025 under Section 124 of the Customs Act, I deem it just and appropriate to dispose of this petition reserving liberty in favour of the petitioner to submit a reply to the Show Cause Notice and participate in the proceedings and by directing the respondents to conclude the proceedings within a period of three months from the date of appearance of the petitioner before the concerned respondent. 6. In the result, I pass the following: ORDER (i) The petition is hereby disposed of. - 4 - HC-KAR NC: 2025:KHC:41596 WP No. 14328 of 2025 (ii) Petitioner is directed to appear before the concerned respondent on 10.11.2025 without awaiting further notice from the respondent . (iii) Liberty is reserved in favour of the petitioner to submit pleadings, replies, documents etc., which shall be considered by the concerned respondent, who shall provide sufficient and reasonable opportunity to the petitioner and hear him and conclude the proceedings within a period of three months from 10.11.2025. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 2 Sl No.: 5