UNION OF INDIA Vs. ANIL CHANANA

JUDGEMENT

(1.) The Union of India has filed a writ petition under Articles 226 and 227 of the Constitution praying for an appropriate writ of certiorari for setting aside an order dated 25th May, 2006 passed by the Chief Commissioner of Customs (DZ) in Compounding Order No.2/CCC(DZ)/SCM/2006.

(2.) It appears that Respondent No.1 had gone to London on a business visit. On his return to India on 11th August, 2004, he carried two pairs of diamond earrings and the allegation is that he tried to smuggle them by walking through the green channel when he was intercepted. According to Respondent No.1, the earrings were given to him as a gift in connection with the marriage of his younger son and in view of the long journey undertaken by him, he was somewhat confused and through an oversight, he entered the green channel area. This incident occurred on 11th August, 2004

(3.) The Petitioner issued a show cause notice to Respondent No.1 on 24th September, 2004 for violating the provisions of the Customs Act, 1962 (for short the Act) and the matter is pending adjudication. A prosecution was also launched against Respondent No.1 under the provisions of the Act and a charge sheet was filed in the Court of the Additional Chief Metropolitan Magistrate, New Delhi on 30th September, 2004