9911796707
TMI Blog2024 (2) TMI 383X X X X Extracts X X X X X X X X Extracts X X X X ..... ms Act 1962. II. Issue a writ, order or direction in the nature of mandamus directing the respondents for expeditious disposal of enquiry pertaining to the Seizurer of Betel Nuts, pending since May 2023 preferably within a stipulated time period." 3. Learned counsel for the Union of India has raised preliminary objection regarding maintainability of the writ petition and submitted that the Senior Intelligence Officer, Directorate of Revenue Intelligence, NRU, Noida has issued summons under Section 108 of the Customs Act, 1962 to the petitioner, who is a proprietor of the firm M/s Sealine Movers Logistics, which is engaged in providing services to its client engaged in import and export of dry fruits. The authority concerned wants to in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ticles 14, 19 and 21 of Constitution of India. There is no bar for the High Court to entertain an application for pre-arrest protection under Article 226 of Constitution of India, yet it was held that such power should be exercised sparingly. 5. He has also placed reliance upon the judgement and order dated 17.07.2023 passed in Criminal Appeal Nos.___ of 2023, arising out of SLP (Crl.) No. 4212-4213 of 2019 (The State of Gujarat Etc. Vs. Choodamani Parmeshwaran Iyer & Anr. etc.) wherein Hon'ble Apex Court has allowed the criminal appeal preferred by the State of Gujarat etc. and set aside the common order passed by the Gujarat High Court dated 24.12.2018 on the ground that if the respondents fail to appear, then it shall be open for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able and the writ petitions must, therefore, succeed. The same are, accordingly, allowed. Crl. MP No. 10673 of 2011 in WP (Cri) No. 76 of 2011 is also disposed of accordingly. Consequently, as in the case of offences under the Central Excise Act, 1944, it is held that offences under Section 135 of the Customs Act, 1962, are bailable and if the person arrested offers bail, he shall be released on bail in accordance with the provisions of sub-section (3) of Section 104 of the Customs Act, 1962, if not wanted in connection with any other offence." 7. It is not in dispute that so far as the maintainability of the writ petition under Article 226 of the Constitution of India is concerned, the same is maintainable with only rider that such power ..... X X X X Extracts X X X X X X X X Extracts X X X X
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