Dulquer Salmaan challenges vehicle seizure by Customs Department in Kerala High Court. What are his arguments?

Days after the Customs Preventive unit seized his vehicle as part of a nation-wide operation codenamed 'Operation Numkhor,—to identify and seize high-end luxury vehicles brought illegally to India from Bhutan with forged documents—popular south Indian actor Dulquer Salmaan moved the Kerala High Court demanding the release of his vehicle. Salmaan's 2004 model Land Rover Defender, with Tamil Nadu registration, was seized by the Customs officials during the raids. 

Searches were carried out at around 30 locations on Tuesday, including at the residences of actors Prithviraj Sukumaran, Salmaan and Amit Chakkalackal, across Kerala, and 36 high-end luxury cars were seized, Commissioner of the Customs Preventive Commissionerate in Kochi T. Tiju had earlier said.

Dulquer Salmaan claimed that he bought the vehicle after completing all the necessary legal procedures, and said the vehicle was seized by the officials without even checking the documents.

He argued that the incident of seizure was widely covered in the media and that it tarnished his image as a person. Dulquer Salmaan pointed out that the raids were given much publicity as if the vehicles seized were used for smuggling and other such criminal activities, and added the he does not understand the intention behind this.

Tiju had claimed that many of these vehicles, brought illegally to India and sold in the country, were also used to smuggle gold and drugs and cases have been lodged in connection with that. "If they can smuggle cars, gold and narcotics like this, then they can bring anything else. Therefore, it is a major threat to national and economic security of the country," Tiju added.

According to the invoice for the vehicle owned by Dulquer Salmaan, it was imported by the Regional Delegation of the International Committee of the Red Cross in New Delhi. Later, its owner was listed as Taj Mahal Tobacco Pvt. Ltd. in Pudukkotty, Tamil Nadu, owned by a Habib Mohammed.

In his petition, the actor said Aarthi Promoters, from whom he bought the vehicle, got it from Mohammed. He clarified that he had also submitted documents provided by Aarthi Promoters showing that the vehicle was bought by them.

"The Petitioner effected purchase of the vehicle No. TN01AS0155 from  Aarpee Promotors Pvt. Ltd. who had purchased the vehicle from the  registered owner of the vehicle, Mr. Habeeb Mohammed in whose name  the vehicle stood registered. A copy of the transferor of the RC was  however not made into their name. The consideration was effected to  Aarpee Promotors Pvt Ltd. The purchase of the vehicle was effected  through an acquaintance, one Mr. Vishnu. The entire sale consideration  was remitted through Bank. The Copy of the certificate of registration in  the name of Mr. Habeeb Mohammed is produced herewith and the same  is marked as Exhibit P2."

The actor stated that he bought the vehicle in the belief that the transfer of the vehicle was legal in every way. Further, he pointed out that there is no provision available for for an individual to check how a vehicle changed hands since 2004. 

"The vehicle was therefore purchased by the petitioner under the bona  fide impression that the transferor of the vehicle was in valid possession  of the vehicle and vehicle was duly registered with the Motor Vehicle  department. The petitioner was also given to understand that the invoice  and the customs documents are valid and sufficiently disclosed a valid  import. There is no mechanism in place for any verification by an  individual effecting purchase of a vehicle as regards all the previous  owners since 2004. Further the situation is also not different now also for understanding the import etc."