2019 (7) TMI 346 - HC - Customs

Smuggling - Gold - retention of passport - HELD THAT - The petitioner cannot be compelled to give the name and details of other persons. However, the petitioner is required to appear before the customs authority for interrogation, as and when directed. This Court is of the view that the passport shall be released to the petitioner forthwith. Petition disposed off.

Summary

Issues:
1. Retention of passport by customs authority during investigation.
2. Disclosure of acquaintance's name during interrogation.
3. Refusal to divulge acquaintance's address.
4. Rights of the petitioner in providing information.
5. Requirement to appear before customs authority for interrogation.
6. Release of passport to petitioner.
7. Cooperation with the investigation.

Analysis:

1. The petitioner's passport was retained by the customs authority during an investigation related to a gold bar recovery. The customs authority suspected the petitioner's involvement in gold smuggling, leading to the retention of the passport. The petitioner challenged this action, arguing that the customs authority had no right to retain the passport.

2. During interrogation, the petitioner disclosed the name of an acquaintance named Ashraf but refused to provide the address. This raised issues regarding the extent to which the petitioner could be compelled to provide information about other individuals involved in the case.

3. The petitioner expressed willingness to cooperate with the investigation and appear before the customs authority as required for interrogation. The court emphasized the petitioner's obligation to cooperate and appear for questioning when directed by the authorities.

4. The court ruled that while the petitioner cannot be forced to disclose names and details of other individuals, she is obligated to cooperate with the investigation and appear for interrogation when summoned. The court ordered the immediate release of the passport to the petitioner but warned that if she fails to comply with the directives, necessary actions can be taken to secure her presence.

5. Additionally, the court allowed the customs authority to utilize electronic means for interrogation if necessary. The judgment highlighted the importance of the petitioner's cooperation with the investigation process and the authority's right to take steps to ensure her participation.

6. Ultimately, the writ petition was disposed of with the directive for the immediate release of the petitioner's passport while emphasizing the necessity for her cooperation with the customs authority's investigation procedures.