In a brief but eventful hearing on Tuesday, the Kerala High Court directed actor Dulquer Salmaan to move the Customs adjudicating authority for the provisional release of his Land Rover Defender, seized during “Operation Numkhor.” The court declined to intervene in the ongoing investigation, observing that the matter was still at an early stage and should follow the procedure laid down under the Customs Act, 1962.
Background
The luxury SUV belonging to the actor was seized by Customs officials as part of an ongoing probe into the alleged misuse of import benefits and irregularities in vehicle registration. Dulquer, who maintained that he had purchased the car in good faith nearly five years ago, approached the High Court seeking relief.
In his petition, the actor stated that he was the lawful owner of the vehicle, having bought it from Aarpee Promoters Pvt. Ltd. with all transactions made through bank transfers. He also submitted that the vehicle had valid documentation, including customs clearance papers, invoices, and delivery notes, and had been used without any issue since purchase.
Customs, however, traced the vehicle’s origin to the International Committee of the Red Cross (ICRC), New Delhi, which had imported it under special exemptions. The seizure reportedly followed concerns that the vehicle’s import benefits might have been misused once it entered private hands.
Court’s Observations
Justice Ziyad Rahman A.A., who presided over the matter, took a balanced view. “The investigation is only at the initial stage and it is not proper for this court to enter into any finding on the necessity to continue such investigation,” the judge noted.
The bench emphasized that Section 110A of the Customs Act provides a mechanism for provisional release of seized goods, including vehicles. “Since such a provision exists, it is only proper for the petitioner to approach the adjudicating authority, the Additional Commissioner of Customs, Kochi,” the court said.
Importantly, Justice Rahman directed that if Dulquer files an application under Section 110A, the authority must pass a reasoned order within a week, after giving the actor or his representative an opportunity to be heard.
The court further reminded the Customs department that the vehicle’s registration history over the last two decades should not be ignored. “While considering the said application, the fact that the vehicle was being used on the basis of registrations provided by various authorities for the past 20 years is to be taken into account,” the order recorded.
On the request of Dulquer’s counsel for transparency, the court added a crucial safeguard: “Since, going by the expression in Section 110A, the provisional release is a right of the petitioner under normal circumstances, any rejection must be through a speaking order with specific reference to the documents and contentions raised.”
Decision
With these directions, the High Court disposed of Dulquer Salmaan’s writ petition, steering him toward the Customs adjudicating process rather than direct judicial relief.
The order ensures that the actor can now formally seek temporary release of his seized vehicle by complying with the statutory route, while Customs continues its broader investigation into vehicle imports under “Operation Numkhor.”
The next move lies with the Additional Commissioner of Customs, Kochi - and possibly, depending on that decision, with the actor once again.
Case: Dulquer Salmaan v. Commissioner and Others
Case No: WP(C) 35869/2025
Date of Judgment: October 7, 2025