2020 (11) TMI 635 - HC - Customs

Physical presence of the petitioner for enquiry - Detention of goods - permission to petitioners to have food and medicines if enquiry by the officers of Directorate of Revenue Intelligence Office (DRI) were to stretch for long duration - HELD THAT - Food and medicines are essential requirements. Shri. Aravind has fairly submitted that petitioners may carry food and medicine. This petition is disposed of with following (i) Petitioners shall appear on 17.11.2020 in DRI office for further enquiry; (ii) They shall be permitted to carry their own food and medicines; and (iii) Enquiry shall be conducted during the office hours and completed as expeditiously as possible.

Summary

Issues:
1. Writ of Certiorari to quash detention memo
2. Permission for petitioners to have food and medicines during enquiry
3. Allegation of importing Chinese goods via Malaysia
4. Application under Section 100A of the Customs Act, 1962

Analysis:
1. The petition sought a Writ of Certiorari to quash a detention memo dated 24.09.2020 and requested the respondents to allow the petitioners to have food and medicines during a prolonged enquiry by the Directorate of Revenue Intelligence Office (DRI). The respondents acknowledged the importance of food and medicines, agreeing that the petitioners could carry their own supplies. The court disposed of the petition by directing the petitioners to appear for further enquiry on a specified date, permitting them to carry their own food and medicines, and mandating that the enquiry be conducted during office hours and completed promptly.

2. The primary allegation was the importation of Chinese goods into the country via Malaysia. The respondents contended that the first prayer of the petition, regarding food and medicines, was linked to the second prayer, which involved filing an application under Section 100A of the Customs Act, 1962, for interim custody of the goods upon completion of the enquiry. The court considered these arguments and emphasized the importance of ensuring that the petitioners have access to essential requirements like food and medicine during the course of the enquiry.

3. The court heard submissions from both parties' advocates regarding the petition. The petitioner's advocate highlighted the need for a Writ of Certiorari to challenge the detention memo and secure provisions for food and medicines during the DRI's enquiry process. The respondent's advocate addressed the allegation of importing Chinese goods through Malaysia and explained the connection between the petitioners' access to food and medicines and the subsequent application for interim custody of goods under the Customs Act.

4. The judgment emphasized the significance of essential requirements like food and medicine, especially during a prolonged enquiry process. It recognized the importance of allowing the petitioners to carry their own supplies to meet these basic needs. The court's decision to dispose of the petition by setting specific directives for the petitioners' appearance, access to food and medicines, and expeditious completion of the enquiry reflected a balanced approach to addressing the issues raised in the case.