Customs declaration by arriving passengers.
Disputed question of facts cannot be decided in writ jurisdiction.
The 6 writ petitioners and one Abul Hossain arrived at the Zia International Air Port, Dhaka alighting from a Singapore-Dhaka Flight with 5 Kgs of gold biscuits allegedly purchased from a Singapore Gold shop.One Abul Hossain, a co-passenger also brought with him another 5 Kgs. of gold biscuits. The writ petitioners alleged that they approached the Airport Customs authority to assess customs duty and to allow them to go away with the sized gold but out of ulterior motive they seized the gold in question in violation of the Baggage Rule, 2000. Hence the Writ Petitions. The government refuted the claim of the accused and asserted that the accused imported the seized gold in a clandestine manner and tried to evade customs duty without proper declaration. For which regular Criminal Cases have been filed. The High Court Division accepted the assertions of the Writ Petitioner-respondents and made the Rules absolute. The Appellate Division found that the pleadings of the contending parties putting forward contrary versions as to non-declaration of bringing the disputed gold with them under the Baggage Rules and the crossing of customs barrier without payment of customs duties are evidently questions of facts. All these are disputed facts which can be decided only on taking evidence at the trial by a competent Court. The High Court Division was, therefore, totally unjustified in making the Rules absolute ignoring the settled principle of law on the subject. The appeals were allowed and the order of the High Court Division was set aside.
The State -Vs- Md. Badal 3 ALR(2014)(1)(AD) 7