Did Kerala HC Direct Mammootty's Actor Son to Customs for Vehicle Release?
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Synopsis
In a significant legal development, Dulquer Salmaan, son of legendary actor Mammootty, has been asked by the Kerala High Court to seek provisional release of his seized Land Rover Defender. This case raises intriguing questions about the interplay between customs regulations and ownership rights. Read on to discover more about this unfolding drama.
Key Takeaways
- The Kerala High Court has directed Dulquer Salmaan to approach Customs for vehicle release.
- The investigation is still in its preliminary stages.
- The court emphasized the importance of due process under Section 110A.
- Provisional release is a statutory right in normal circumstances.
- Ownership claims must be supported by proper documentation.
Kochi, Oct 7 (NationPress) The Kerala High Court has instructed Dulquer Salmaan, the son of renowned actor Mammootty, to approach the adjudicating authority pursuant to the Customs Act, 1962, for the provisional release of his Land Rover Defender, which was confiscated by customs officials during 'Operation Numkhor'.
A bench led by Justice Ziyad Rahman A.A. noted that the investigation concerning the alleged irregularities remains in its initial stages, indicating that the court would refrain from interfering with the investigation at this point.
The bench reiterated that the issue regarding the interim custody of the confiscated vehicle should be evaluated under Section 110A of the Customs Act, which permits the owner to request provisional release, subject to the provision of security and conditions set by the proper authority.
The court stated, "In such circumstances, it is ordered that if the petitioner files an application under Section 110A, it shall be considered by the competent authority and appropriate orders must be issued within one week."
Additionally, the court mentioned that the authority must allow the petitioner or his representative an opportunity to present their case, taking into account that the vehicle has been utilized and registered by various entities over the past twenty years.
It was also clarified that because provisional release is a statutory right under ordinary circumstances, any denial of the application should be accompanied by a written explanation detailing the reasons and referencing the documents and submissions provided.
In his petition, Dulquer Salmaan indicated that he acquired the vehicle five years prior from Aarpee Promoters Pvt. Ltd., making the payment through recognized banking channels.
He asserted his ownership in good faith, backed by customs clearance, invoices, and delivery documents.
The vehicle was initially imported by the International Committee of the Red Cross (ICRC), located in New Delhi, as per the bill of entry and invoice from Land Rover and Ford.
Section 110A was introduced to safeguard bona fide owners, enabling provisional release of seized property amid an investigation, thereby balancing the right to possession with governmental enforcement rights under customs law.
Point of View
This case highlights the complexities of ownership rights under customs law. While the law aims to protect legitimate ownership, it also emphasizes the government's authority to enforce regulations. The Kerala High Court's decision to allow Dulquer Salmaan to seek provisional release reflects a balanced approach, ensuring due process while recognizing the challenges posed by ongoing investigations. In matters like these, transparency and fairness remain paramount.
NationPress
07/10/2025
Frequently Asked Questions
What is the reason behind the vehicle's seizure?
The vehicle was seized as part of 'Operation Numkhor', which involves investigations into alleged irregularities.
What does Section 110A of the Customs Act entail?
Section 110A allows the owner of a seized vehicle to request provisional release, contingent upon providing security and adhering to conditions set by the authority.
How long does the competent authority have to respond to the application?
The competent authority is required to issue appropriate orders within one week of receiving the application under Section 110A.
What documentation supports Dulquer Salmaan's ownership claim?
Dulquer claims ownership based on customs clearance, invoices, and delivery documents from his purchase five years ago.
Who originally imported the Land Rover Defender?
The vehicle was initially imported by the International Committee of the Red Cross (ICRC) based in New Delhi.
