The High Court has ordered the immediate return of nine luxury vehicles seized from Penal businessman Kess Kessoondan in 2020 by Customs and Excise. The vehicles, which include Jaguars, Prados, BMWs, Range Rovers, and Mercedes Benzes, were detained without charge or forfeiture proceedings, violating Kessoondan’s constitutional rights to property enjoyment. Justice Nadia Kangaloo ruled that while the initial seizure may have been lawful, the continued detention without legal action was unlawful.
The court found that Customs and Excise’s explanation of an ‘ongoing investigation’ was vague and lacked detail, as Kessoondan was never charged or provided with information about the investigation. The judge determined that the State’s defense had no realistic prospect of success, leading to a summary judgment in Kessoondan’s favor.
In addition to the return of the vehicles, a High Court master will determine the amount of damages to be awarded to Kessoondan at a later date. The State has also been ordered to bear Kessoondan’s legal costs. The businessman had claimed $725,000 in compensation for trespass, conversion, detinue, and depreciation of the vehicles’ value over five years.
The seizure occurred in December 2020 when customs officers and police searched Kessoondan’s home and confiscated the vehicles and documents. Despite correspondence between Kessoondan’s attorneys and Customs, the vehicles were not released, prompting the court action. Of the 17 vehicles initially seized, eight were eventually returned, leaving the nine vehicles in question.
Kessoondan was represented by attorneys Kiel Taklalsingh, Vivek Lakhan-Joseph, and Shivash Maraj in the case. The ruling emphasizes that authorities cannot lawfully detain private property indefinitely without pursuing legal proceedings.
