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TMI Blog2024 (6) TMI 790X X X X Extracts X X X X X X X X Extracts X X X X ..... 024 under Section 112 and 135 of the Customs Acts, 1962. 3) The gist of accusation in this case is that on 08.02.2024, an information was received by DRI officials that a substantial quantity of smuggled poppy seeds and black pepper of foreign origin are being transported in a Mahindra truck bearing registration No. JK-05-M-0617 coming from Mizoram, which will be reaching Guwahati on 08.02.2024. 4) Accordingly, the DRI officials intercepted the said truck and recovered 16990 kgs of poppy seeds and 400 kgs of black pepper from the said truck and apprehended the two persons, namely, Md. Asif Qureshi and Md. Maroof, who had failed to produce any document regarding the said consignment. Later on, on the basis of voluntary statement made by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d whereby an observation was made that the notice under Section 108 of the Customs Act, 1962 is akin to the provisions of Section 41A of the Code of Criminal Procedure, 1973. 10) It is submitted by learned counsel for the petitioner that as the notice under Section 108 of the Customs Act, 1962 relates to only production of documents and examination of witnesses, whereas notice under Section 41A is to be given to all such persons where the police is of opinion that the person against whom some accusation has been made is not required to be arrested. 11) Learned counsel for the petitioner has also submitted that otherwise also the petitioner has already been detained behind the bars for last 52 days and whereas the maximum period of detenti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... present petitioner, namely Section 135 of the Customs Act, 1962 as well as Section 112 of the Customs Act, 1962 and Section 112 of the Customs Act, 1962, the maximum punishment which may be imposed is imprisonment up to seven years. 17) Hence, apparently the mandate of the issuance of notice under Section 41A of the Code of Criminal Procedure, 1973 has observed by the Apex Court in the case of above-named petitioner, "Arnesh Kumar Vs. State of Bihar and Another", reported in (2014) 8 SCC 273 is mandatory. 18) It also appears that the provisions of Section 41A of the Code of Criminal Procedure, 1973 as well as provision of 108 of the Customs Act, 1962 does prima facie appears to be similar in nature, whereas the section is the power of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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