Customs declaration by arriving passengers-
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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
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The State -Vs- Md. Badal |
3 ALR (AD) 7 |