2013 (2) TMI 832

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..... such finding is shown to us by the learned counsel. All that is recorded is that the petitioner is having address abroad - at this stage, when only a summons under Section 108 of the Customs Act is issued, no interference is called for in writ jurisdiction under Article 226 of the Constitution of India - petition dismissed - decided against petitioner. - Writ Petition No. 342 of 2013 - - - Dated .....

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..... ct shows that the Customs Authorities are carrying on investigation into a non-cognizable offence without prior permission of the learned Magistrate under the provisions of sub-section (2) of Section 155 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the said Code ). The learned counsel appearing for the petitioner relied upon a decision of the Apex Court in the case of Direc .....

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..... investigated into. 4. Learned counsel appearing for the petitioner submitted that there is a finding recorded in the order-in-original that the petitioner is not an Indian citizen. We find that there is no such finding and there is no such finding is shown to us by the learned counsel. All that is recorded is that the petitioner is having address abroad. 5. Therefore, at this stage, when onl .....

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