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‘Not Proper…’: Kerala HC Asks Dulquer Salmaan To Approach Customs Over Seized SUV

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The vehicle was seized by the Customs Department at Kochi, which is investigating alleged irregularities related to the import and registration of high-end luxury vehicles

Actor Dulquer Salmaan. (File image via X/@dulQuer)

Actor Dulquer Salmaan. (File image via X/@dulQuer)

The Kerala High Court on Tuesday directed actor Dulquer Salmaan to approach the appropriate customs authority for the provisional release of his Land Rover Defender SUV, which was seized by officials during an operation.

The vehicle was seized by the Customs Department at Kochi, which is investigating alleged irregularities related to the import and registration of high-end luxury vehicles.

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During the hearing, Justice Ziyad Rahman A.A. made it clear that the court would not intervene at this stage of the investigation. “I am of the view that… the investigation is only at the initial stage and it is not proper for this court to enter into any finding,” the judge observed.

The court advised the actor to submit an application under Section 110A of the Customs Act, which provides a legal provision for the provisional release of seized goods, LiveLaw reported.

The judge stated that since the law gives the owner a right to seek provisional release, the actor should file the request before the Adjudicating Authority, who in this case is the Additional Commissioner of Customs, Kochi.

The court further ordered that if such an application is made, the competent authority must consider it and pass an appropriate order within one week, after giving the petitioner or his legal representative an opportunity to be heard.

Importantly, the judge added that if the authority decides to reject the application, it must do so by issuing a “speaking order”.

“In case the application of the petitioner is being rejected, the same can only be done only by a speaking order with specific reference to the documents produced and the contentions raised,” it added.

Dulquer Salmaan, in his writ petition, claimed that he is the lawful owner of the vehicle, which he purchased from Aarpee Promoters Pvt. Ltd. nearly five years ago. He stated that all transactions were made through proper banking channels and that he was provided with valid customs and registration documents at the time of purchase.

According to the documents filed, the SUV was originally imported by the International Committee of the Red Cross (ICRC), New Delhi. The actor claims he had no knowledge of any past irregularities and had been using the vehicle in good faith.

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